Investigations and court proceedings against police officers and other individuals accused of human rights violations during protests will continue despite the rollout of a government compensation programme for victims.
The Panel of Experts on Compensation of Victims of Human Rights Violations, chaired by Prof. Makau Mutua, has clarified that the framework does not shield alleged perpetrators from prosecution or prevent victims from pursuing justice through legal channels.
“The payment of compensation does not in any way replace or extinguish accountability proceedings,” the panel stated.
The panel said the programme does not grant immunity to perpetrators and should not be interpreted as an admission of legal liability by the State.
“Persons who engaged in human rights violations, whether they are security agents or goons, do not receive any immunity through this process. They shall be investigated, prosecuted and punished to the full extent of the law,” it said.
However, to prevent duplicate compensation from public funds, victims will not receive payment where they have already been compensated for the same harm through another State-sponsored process.
The clarification comes as the government rolls out a Ksh2 billion compensation programme established under Presidential Proclamation No. 1 of 2026 and guided by the Kenya National Commission on Human Rights Reparation Guidelines 2026.
The initiative seeks to acknowledge harm suffered by civilians and security personnel during protests and demonstrations between 2013 and 2025, with earlier cases expected to be considered in subsequent phases.
Prof. Mutua said the programme is intended to recognise victims’ suffering and provide relief while allowing ongoing processes to determine responsibility for violations committed during demonstrations.
“The programme is an act of solemn acknowledgment. It serves to validate the experiences of victims and to provide a clear pathway for relief,” he said.
Under the framework, eligible victims include individuals who suffered physical, emotional, psychological or economic harm arising from protest-related human rights violations.
Victims who accept compensation may be required to sign a waiver as part of the settlement process.
Applications may be submitted directly to the panel, while victims who have already lodged complaints with the Kenya National Commission on Human Rights (KNCHR) or the Independent Policing Oversight Authority (IPOA) will not be required to file fresh claims.
