Let KNCHR lead compensation bid for police brutality victims

After months of a court stay, the President’s Panel of Experts to compensate victims of state violence during public protests has been struck down by the High Court.

Survivors, victims’ families and all those genuinely pressing for justice and reparations should not lose heart. Justice Edward Muriithi has offered a fair and balanced way forward for all the interests involved. Delivered on Thursday afternoon, the High Court has ruled that while President Ruto has a duty to protect human rights under Article 131 and call for the Kenya National Commission on Human Rights to design and report back on a framework for reparations, he cannot legally appoint a body to substitute the Commission’s role.

With this ruling, the court maintains the Panel’s suspension and mandates the KNCHR to establish a credible framework for reparations by January 20, 2026. This ruling finally breaks the court ruling that froze the Presidential initiative four days after most of the 18-member Panel was sworn in on September 4.

For victims’ families, the wait has been agonising. Over the last three months, ironically, three-quarters of the Panel’s 120-day mandate, I have listened to harrowing stories of Kenyans nursing injuries and drowning in medical bills. Several families still bear the scars of post-election violence with no signs of accountability or justice on the horizon. Advocates whisper how police have concealed forensic evidence, witnesses are being silenced or forced to flee under pressure. I have watched prosecutors stripped of their courage and professionalism by “orders from above”. Judges imposing bail so steep it becomes pre-trial detention and punishment before sentencing. Spouses have described the impact of being robbed of their sole breadwinners and crumbling of the very foundations of their families.

The two months before the Panel’s announcement were the bloodiest under the Kenya Kwanza administration. Thankfully, the last three months have seen return of an uneasy calm. However, let the comparative calm not allow us to forget the 18 deaths in police custody this year. We must demand justice for Vincent Ogutu, Evans Kiche, Josephine Akeng’o, Lucy Oketch and all killed, some by police bullets to the head, and hundreds injured mourning Raila Odinga in Kasarani stadium, Nyayo stadium and Homa Bay.

Last week’s Independent Electoral and Boundaries Commission post by-elections statement was crystal clear. Despite a peaceful 2022 General Election, twenty months to the 2027 polls, police still lack a clear framework to curb hooliganism, lawlessness and violence by politicians and their supporters. The October tragedies and November by-elections demonstrate the Kenyan state lacks capability to ensure crowd safety or accountability for excessive force at public gatherings. Panel or no Panel, the State must protect Kenyans from excessive and lethal force. Trigger-happy officers and those who command them must be held personally accountable. Survivors and families deserve both justice and compensation.

In my view, Thursday’s ruling keeps alive the strategic vision of the Presidency and the late Raila Odinga. To withdraw when the court has provided a clear pathway for the process of compensation would be short-sighted.

It will leave the harshest of the President’s skeptics vindicated that this was never about victim’s compensation. To appeal the judgement on the other hand would be an act of belligerence that risks derailing the vision in costly and protracted legal battles. Public funds should serve victims, not pay private lawyers.

Kenya has a mechanism in the Kenya National Commission on Human Rights that can fulfill the strategic vision and bring the agony of survivors and victims’ families to an end. The Commission must now lead boldly for victims, the state, and the nation. The Presidency must place at the Commission’s disposal the necessary resources for them to complete the exercise.

Human rights defenders must keep Kenya focused on building a lawful, responsive justice and reparations system while encouraging human rights based, professional policing. Without fear, favour, bias, affection, ill-will or prejudice, allow me to opine, let this ruling be swiftly acted upon. 
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