By Andrew Kariuki
The High Court has awarded a total of Ksh 38,627,050 in compensation to victims and families affected by police brutality during protests in Kisumu, in a judgment that also directs sweeping reforms on how demonstrations are handled in Kenya.
In a landmark ruling, Justice Alfred Mabeya found that State agencies violated fundamental constitutional rights, including the right to life, dignity, equality and security of the person.
The court determined that several petitioners were unlawfully shot, assaulted or fatally injured by police officers during the protests, amounting to torture and cruel, inhuman and degrading treatment in violation of Articles 26, 27, 28, and 29 of the Constitution.
Justice Mabeya emphasized that the Bill of Rights is binding and must be fully upheld, noting that constitutional protections are not merely aspirational.
In assessing damages, the court stated that compensation is intended to restore dignity rather than unjustly enrich victims, relying on established judicial precedents to guide the awards.
Families of those who lost their lives were awarded between Ksh 910,000 and Ksh 1.4 million, while victims who sustained serious injuries received up to Ksh 4.87 million, depending on the severity of harm and future medical needs.
Beyond compensation, the court issued a structural interdict, retaining oversight to ensure implementation of its orders. It directed the government to conduct prompt, thorough, and transparent investigations into all deaths and injuries within 90 days, and to provide regular updates to victims.
Authorities were also ordered to develop and publish clear regulations governing public demonstrations and the use of force within the same timeframe.
The court further found that the police had failed in their constitutional duty under Article 244 to uphold professionalism and protect citizens, citing a lack of accountability and transparency in handling the incidents.
Recognising the matter as public interest litigation, the court made no order as to costs and commended the petitioners and their legal teams for advancing constitutional protections.
The case is scheduled for mention on July 7, 2026, when the court will assess compliance with its directives.
Reacting to the ruling, Vincent Chahale, country director of the International Justice Mission, said the decision offers hope to survivors but called for continued action.
“Many cases of police abuse during protests and other incidents remain unresolved. Survivors deserve answers,” he said.
He urged authorities to ensure independent investigations and accessible reporting mechanisms, noting that such steps are essential in protecting rights and rebuilding public trust in state institutions.
