KNCHR Statement on the Process of Compensation of Protest Victims

The Kenya National Commission on Human Rights (KNCHR) wishes to inform the public, victims and survivors that the process of developing a Framework for Compensation and Reparations to victims of human rights violations is ongoing. The Commission has initiated internal technical work, begun mapping areas most affected by protest-related and other human rights violations, and started engaging key stakeholders so that a credible framework can be put in place to guide a transparent, accountable, and comprehensive reparations process.

This work follows the landmark Judgment of the High Court in Kerugoya (Petition E010 of 2025 - consolidated) delivered on 4th December 2025, which affirmed the Commission's constitutional mandate under Article 59 of the Constitution and the KNCHR Act, 2011, to design a reparations framework for human rights violations. It also follows the Proclamation and Gazette Notice of 6th March 2026 issued by H.E. the President, pursuant to Article 254(2) of the Constitution, requiring KNCHR to submit a report containing a Framework for Compensation and Reparations to victims of human rights violations within sixty (60) days.

The Commission acknowledges the pain, loss and anxiety experienced by victims, survivors and their families as well as the public concern that reparations have taken too long. The KNCHR reassures all affected persons and all Kenyans that the Commission is committed to delivering a human right-based Compensation and Reparations Framework.

At the same time, KNCHR emphasizes that compensation, while important, is only one form of reparations. A just and effective reparations programme includes compensation, restitution (restoring rights and status where possible), rehabilitation (medical and psychosocial support), satisfaction (acknowledgement, apology, memorialization and truth-telling) and guarantees of non-repetition (institutional reforms to prevent recurrence of violations).

The KNCHR has adopted a clear roadmap for the development of a Reparations Policy and a Reparations Bill in line with its mandate. The roadmap includes the establishment of technical committees that bring together KNCHR Commissioners and staff, relevant State institutions and independent oversight bodies, civil society organizations and representatives of victims and survivors.