Former Chief Justice David Maraga has called for criminal action against police officers linked to brutality cases, arguing that the government must go beyond compensating victims and ensure those accused of wrongdoing face the law.
Speaking on Thursday during an interview with NTV, Maraga said compensation without prosecution amounts to a “half measure” that does not address the need for accountability and justice.
Maraga said while compensating victims was necessary, the process should not replace criminal investigations and prosecution of officers accused of committing offences.
He questioned the decision to have executive officials oversee compensation, instead of allowing courts to determine responsibility and the appropriate remedies for victims.
“When we have courts, they should have just identified those people and then let the courts determine that. The courts are neutral. They’re the ones to compensate. But when you get the same executive officials being in charge of that, it raises a lot of issues,” Maraga said.
The former Chief Justice said the lack of arrests of officers linked to the incidents makes it difficult to convince Kenyans that criminal justice will eventually be pursued.
“Have you seen any arrests? No. So, how can we talk about criminal justice coming later? When we don’t know even whether those people have been arrested,” he said.
His remarks come amid concerns from victims’ families and civil society groups over the absence of prosecutions against police officers accused of causing deaths and injuries, even as the State moves to provide financial compensation.
The government has committed Sh2 billion to compensate some victims of protests, but Maraga said financial support alone cannot address demands for justice.
He accused the government of taking steps that appear aimed at protecting itself instead of taking firm action against officers accused of wrongdoing.
“These are half measures. If you want to deal with a situation and convince Kenyans that the government is sorry about what has happened, it should take firm action,” he said.
Maraga said prosecution and sentencing serve a bigger purpose by discouraging future offences, warning that failure to hold those responsible accountable could leave citizens vulnerable.
“Don’t forget, when a crime has been committed and somebody has been identified, the whole purpose of prosecution and sentencing is deterrence. Today it is Wanjiku. Tomorrow it could be you, it could be me,” Maraga said.
He said police officers are only allowed to use firearms as a last resort when their lives or the lives of other people are in danger.
He further questioned whether the circumstances surrounding the cases under review met the required threshold for the use of firearms, saying accountability was necessary whenever officers are accused of exceeding their powers.
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