Process to compensate victims of violence starts

Police arrest protestors in Nairobi during the Finance Bill 2024. [File, Standard]

The government has set in motion the process of compensation for victims of police brutality and violence during demonstrations.

Speaking during the submission of the Kenya National Commission on Human Rights (KNCHR) report on Reparations of Violations of Human Rights, President William Ruto admitted that no compensation can restore lives that were lost but noted that it was an acknowledgement that some wrongs had been committed.

President Ruto said the government had already allocated Sh2 billion for compensation for those who have been killed or injured.

“This compensation should not be construed as an acceptance of breaking the law or encouraging the commission of crimes. It is our duty to ensure that there is some justice for those affected, which is done by accepting that some wrongs were committed,” Ruto said.

The President said that he had informed former Prime Minister, the late Raila Odinga, that he was setting in motion plans for compensation and reparations of victims of demonstrations in the country and that Raila encouraged him to pursue this journey for the good of the country.

KNCHR chairperson Claris Ogangah said the commission had documented 245 deaths, which include fatal shootings, deaths in custody or during demonstrations, in which the families of the victims are set to be compensated Sh2.5 million plus medical expenses for each case.

Ms Ogangah noted they had recorded 135 cases of torture, with each victim being compensated Sh2 million plus medical expenses, while they documented 35 cases of forced disappearances, with each individual being compensated with Sh1.5 million plus medical expenses.

“We documented 32 cases of aggravated sexual violence with victims being compensated with Sh2 million plus medical expenses and also documented 43 cases of rape, defilement and sodomy with each case being compensated with Sh750,000,” said Ogangah.

The commission documented 473 cases of injuries ranging from severe, moderate and minor, with victims of severe injury compensated with Sh1 million, those with moderate injuries will be compensated with Sh500,000, while those with minor injuries will get Sh50,000 plus medical expenses for each case.

The commission documented 138 cases of destruction of property during demonstrations, with each victim being compensated with Sh100,000 in efforts to ensure they are able to get back on their feet.

Ogangah said that the country lost Sh3 billion in the month of violent protests between June and July 2024.

Speaking at the same function, Deputy President Kithure Kindiki said KNCHR had clarified that justice involves many things, with restorative and retributive justice being part of it.

He urged the country to embrace restorative justice, which has great effect on investment and development than retributive justice.

Chief Justice Martha Koome said the Judiciary has been carrying the agenda on how to manage the rights granted under Article 37 of the Constitution while focusing on the restorative agenda.

“Our Constitution is transformative and recognises the rights of those who championed its promulgation. That is why all stakeholders should exercise their roles to ensure that they are maintained, “said Koome. 

Interior Cabinet Secretary Kipchumba Murkomen acknowledged the work done by KNCHR and the Panel of compensation experts, stating:

“The leadership of the security sector has received instructions from the President on several occasions to be mindful of the wellbeing of Kenyans as they discharge their mandate. That is why we are keen to have this report implemented to correct the mistakes made.”

National Assembly Speaker Moses Wetangula lauded the report, saying that he was once a victim of violence.

“I remember an excited police officer lobbed a teargas canister into the vehicle I was in with Raila. Raila had serious difficulties in breathing,” said Wetang’ula.