State proposes up to Sh4 million reparations for protest victims

Victims of sexual and gender-based violence (SGBV) during protests and police operations stand to receive up to Sh4 million in compensation under a government reparations plan developed by the Kenya National Commission on Human Rights (KNCHR).

This would be the highest payout under the proposed framework.

Families of those killed during protests or in police custody will receive at least Sh3 million, in addition to medical and funeral expenses, if the guidelines are adopted. According to the draft guidelines, victims of enforced disappearances and abductions will receive a minimum of Sh2 million and psychosocial support facilitated by the Social Health Authority (SHA).

Those who suffered severe physical injuries, such as gunshot wounds or amputations, will be awarded at least Sh1 million, alongside coverage of medical expenses, a public apology and disability benefits.

Victims with moderate injuries, including fractures and dislocations, will receive compensation of at least Sh500,000, while survivors of psychological trauma will get at least Sh250,000 plus psychosocial support. “The Commission shall prioritise victims with extreme medical conditions and vulnerable individuals or groups and shall communicate the determination of reparation awarded in writing to the victim within thirty days,” KNCHR stated.

The guideline follows the lapse of 21 days given to survivors and protest victims to register claims for compensation under the reparations framework, which the Commission is required to finalise within 60 days.

To determine awards, KNCHR will consider the nature and duration of the violation, the harm suffered, and the need to deter future violations.

Lower-tier compensation includes Sh200,000 for unlawful arrest and detention, as well as denial of medical care after injury. Victims who sustained minor injuries, such as bruises and cuts, will receive at least Sh100,000, including those affected by unlawful dispersal of peaceful demonstrations, destruction of property, looting or business losses.

Compensation for property damage and business losses may increase depending on valuation.

The reparations framework also provides for non-monetary remedies, including public apologies, medical and psychosocial support, and access to social protection programmes, such as housing support and income assistance for affected families. “Victims may be awarded monetary and/or non-monetary compensation. Monetary compensation shall be paid to the victims or their representatives,” the guidelines state.

In determining compensation, the Commission may adjust awards depending on age, vulnerability, severity of harm and socio-economic circumstances.

However, victims in cases of missing persons will not receive direct financial compensation. Instead, they will receive psychosocial support and public acknowledgement while investigations continue. This provision is likely to raise concern among families whose relatives went missing during protests and have not been traced. “The most we can do is make a recommendation that an inquiry be undertaken to establish what happened,” KNCHR Chairperson Claris Ogangah previously said.

She added that further reparations, beyond compensation, would be considered for families still searching for relatives or awaiting formal declarations of death.

Claimants found to have submitted false information, duplicated claims, or failed to disclose key details will be excluded from compensation. Individuals identified as perpetrators of human rights violations will also be disqualified.

Those aggrieved by decisions may lodge an appeal in writing, including new evidence or supporting materials. The Commission will issue a decision within 30 days.

Human rights organisations have called for stronger accountability measures to ensure officers responsible for violations are prosecuted.

Applicants are required to provide detailed information, including identity details, nature of violation, date, time, location, witnesses and supporting documentation such as medical reports, police records and audiovisual evidence.

The framework also includes guarantees of non-repetition, requiring the state to ensure accountability of public officers involved in violations. Rehabilitation measures include medical care, trauma counselling, psychiatric support, physiotherapy, family assistance, scholarships, legal aid and vocational training for victims and survivors.

Additional support measures include group therapy, community mental health programmes, establishment of health centres, schools or memorial sites in affected areas, and economic empowerment initiatives for affected families.

The public has seven days to submit views before the guidelines are finalised and presented for approval.