Kenyans demand justice as protest victims’ compensation panel sworn in
On social media, however, some Kenyans questioned the constitutionality of the panel's mandate and expressed concerns about potential state interference and whether recommendations would be implemented.
Kenyans have renewed calls for justice for victims of protest violence following the swearing-in of an 18-member panel tasked with overseeing compensation.
Led by Prof Makau Mutua and deputised by Law Society of Kenya (LSK) President Faith Odhiambo, the panel will implement a compensation framework by identifying eligible victims and advising the state on appropriate redress.
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Other members include Kennedy Ogeto, Irungu Houghton, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abass, Raphael Anampiu, John Maina, Francis Muraya, John Olukuru, Rev Fr Kennedy Barasa Simiyu, Linda Musumba, Naini Lankas, and Duncan Ojwang.
The panel is also expected to recommend prosecutions and accountability measures where warranted and propose reforms to address protest-related issues and policing culture.
On social media, however, some Kenyans questioned the constitutionality of the panel's mandate and expressed concerns about potential state interference and whether recommendations would be implemented.
Others raised questions about how the value of human life would be quantified and whether the process would be free from corruption.
Senior Counsel Paul Mwite said he is in support of the committee but noted that legal challenges are facing President William Ruto's proclamation.
"I support this Proclamation by the President setting up a Committee to look into the modalities of compensating victims of police brutality. Despite legal challenges facing the Proclamation, I believe it is a pragmatic way of addressing this urgent compensation issue," he said in a post on X.
According to Lawyer Willis Otieno, Odhiambo should have declined the appointment and proposed that LSK nominate another representative to maintain its independence and credibility.
"I do not support the appointment. It compromises her role as LSK Chair and undermines the Society's duty to defend the rule of law. Without an honest and ongoing conversation on accountability for the atrocities committed against the people of Kenya, any compensation committee becomes nothing more than political public relations. Justice demands both accountability and reparations; you cannot substitute one for the other," he said.
Otieno further noted that the team is kicking off its mandate while compensation, restitution and justice for victims, as recommended in past reports such as the Waki report, TJRC report, BBI, NADCO and the Goldenberg Commission, remain unimplemented.
"Pages upon pages, volumes upon volumes, committees upon committees. Yet every report gathers dust on government shelves, while the victims remain buried in mass graves, their families still crying for dignity, and the perpetrators continue to dine in Parliament and Cabinet," said Otieno.
Odhiambo and Irungu, who played key roles in exposing police excesses during the protests and supporting affected families, have pledged not to betray Kenyans’ trust in their genuine commitment to the victims.
"As I take this responsibility, let it be known that I have in no way betrayed your trust. Let it be clear that access to criminal justice remains critical to me in our quest to promote and protect the rule of law as an essential element in the enjoyment of the fundamental human rights and freedoms," said Odhiambo.
She added that the opportunity presents the team with an opportunity to revolutionise how the State treats, deals with and responds to victims.
"Holistic justice requires that as we seek accountability from perpetrators, we remain alive to the needs of Victims, and the difficulty of their lived realities. We have an opportunity to revolutionise how the state treats, deals with, and responds to victims. With unwavering fidelity to the rule of law, I undertake to guard this opportunity fearlessly and ensure no interests other than those of our most vulnerable are served," she assured while making her speech after being sworn in yesterday.
Irungu also maintained that "Regardless of compensation, Kenya's police must be held accountable for significant breaches of constitutional policing standards, including use of disproportionate force, lack of professionalism, and failure to uphold public safety and rights".
He defended the team's mandate, saying there is no domestic precedent for the task ahead of them.
"Past truth and justice efforts have repeatedly fallen short. Though limited in scope, this panel must set a standard for future operations. I commit to a process that is victim-centred, trauma-informed and transparent," said Irungu.
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