Demo victims asked to lodge claims with compensation panel

Persons whose rights were violated during demonstrations have been urged to lodge their complaints for compensation.

The chairman of the Panel of Experts Prof. Makau Mutua urged affected individuals and families to come forward and lodge their claims, emphasizing that the process is claimant-driven.

Speaking a day after announcing compensation for over 348 victims Prof. Mutua said the compensation programme forms part of broader efforts to address historical injustices linked to political demonstrations and protests, which have resulted in deaths, injuries, disappearances and allegations of excessive use of force by security agencies.

“We have a deliberate process of receiving and processing claims. The owners coming forward to lodge a claim is on the victims themselves, not the panel. Our work is to call individuals to come forward if they have a case and a claim to make,” he said.

According to Mutua, once a claim is lodged, it undergoes a detailed process of verification and authentication before any payment is approved.

“Once we authenticate a claim and verify and determine that the claimant is legitimate, we ask the claimant to give us consent  to pay them and provide bank details,” he explained.

The panel has assured victims that claims can still be considered even where some documentation is missing, provided there is sufficient evidence, including witness testimony, to establish that harm occurred.

Mutua noted that the current exercise is only the beginning of a larger transitional justice process.

“This is the beginning of the process. It is not exhaustive. We want to learn from it and go back and excavate other events that have taken place and address them,” he said.

He said the compensation covered between 2013 and 2025 and victims will begin receiving compensation under a government-backed redress programme, with the panel overseeing the process.

Mutua assured Kenyans that a rigorous verification system has been put in place to ensure fairness and accountability.

He added that the initiative is aimed at acknowledging the suffering endured by victims and their families, while providing some form of economic relief for losses resulting from police brutality, injuries, deaths and other violations.

Under the compensation framework, Sh448.7 B has been set a side for compensation with families of victims who died during demonstrations will receive Sh3 million each. 

Victims who suffered severe injuries will receive Sh1 million, those with moderate injuries Sh500,000, while minor injuries will attract compensation of Sh50,000.

He explained that the compensation amounts were informed by extensive research on international transitional justice programmes implemented in countries such as South Africa, Nigeria and Nepal.

“We have done exhaustive review of historical claims across jurisprudence across the world. We have also applied international human rights standards consistently with the size of our economy and GDP to ensure that what we provide is sustainable,” said Mutua.

He clarified that the payments should not be viewed as placing a monetary value on life.

“This is not valuing life or injury but just an ex gratia payment to say to the victim we are sorry and also give economic meaning to their lives where there was serious disruption,” he added.

To determine compensation categories, the panel is working with medical experts to assess the severity of injuries and their impact on a victim's ability to function and earn a living.

Mutua also encouraged Kenyans commemorating past protests to do so peacefully, noting that remembrance is an important pillar of transitional justice.

“You must remember what happened so that you don't repeat it,” he said.

Meanwhile, Orange Democratic Movement (ODM) leader and Siaya Senator Dr. Oburu Oginga defended the compensation initiative against critics who have questioned the process.

“You cannot compensate life. It is just a matter of recognizing that these people played a big role in the liberation of our country against oppression,” said Oburu.

The senator urged victims and their families not to be discouraged by political criticism and instead register for compensation.

“Let us not prevent those who suffered from receiving the token. Let us take the token and then we'll demand more. The government has recognized that there were some wrongs done to Kenyans and has agreed to budget for compensation,” he said.