By Peter John
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, while issuing orders aimed at reforming how demonstrations are managed in the country.
In a landmark judgment delivered by Justice Alfred Mabeya, the court found that State agencies violated fundamental rights guaranteed under the Constitution, including the right to life, dignity, equality, and security of the person.
The court held that several petitioners were unlawfully shot, assaulted, or fatally injured by police officers during protests, amounting to torture, cruel, inhuman, and degrading treatment in violation of Articles 26, 27, 28, and 29 of the Constitution.
The judge emphasised that the Bill of Rights is not merely aspirational but a binding guarantee that must be fully enjoyed by all citizens.
In awarding compensation, the court noted that damages are meant to restore dignity rather than unjustly enrich victims, and relied on comparable judicial precedents to ensure consistency.
Families of those who lost their lives received awards ranging between Ksh.910,000 and Ksh.1.4 million, while those with severe injuries were awarded up to Ksh.4.87 million, depending on the extent of harm and future medical needs.
Beyond monetary compensation, the court issued a structural interdict requiring continued judicial oversight to ensure compliance with its directives.
It ordered the government to conduct prompt, thorough, and transparent investigations into all deaths and injuries within 90 days and to furnish victims with updates.
Authorities were also directed to develop and publish regulations governing public demonstrations and the use of force within the same period.
The court further found that police failed in their constitutional duty under Article 244 to uphold professionalism and protect citizens, and criticised the lack of accountability and transparency in investigating 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 defending constitutional rights.
The case will be mentioned on July 7, 2026, to confirm compliance with the court’s orders, marking a significant step in enforcing accountability and strengthening constitutional protections in Kenya.
International Justice Mission country director Vincent Chahale welcomed the judgment, saying that the decision gives survivors hope, but the work is not finished.
“We are calling for prompt, independent investigations into these cases and accessible mechanisms for the public to report violations, as ordered by the court today. These steps can help protect life and dignity and rebuild trust in our institutions.”
“Many cases of police abuse during protests and other incidents remain unresolved. Survivors deserve answers,” said Chahale.
