KNCHR demands more than just cash compensation for protest victims

The Kenya National Commission on Human Rights (KNCHR) wants victims of protests and demonstrations to receive more than just monetary compensation.

The commission is urging the special committee appointed by President William Ruto to review the cases on a broader reparation basis to ensure accountability and justice are upheld.

The call came as the commission unveiled a report on the right to defend rights, highlighting the state of human rights defence in the country over the past two years.

President Ruto recently appointed a team led by Prof. Makau Mutua to craft modalities for compensating victims of protests and demonstrations. However, the commission argues that the current scope is too narrow.

“We need to look at compensation in the broader concept of reparations,” said Simon Omondi, the Deputy Director of Programmes at KNCHR, who noted that reparations go beyond financial settlements.

“Reparations come with acknowledgement, reparations come with compensation, reparations come with memorialization, so it’s a big concept. What the President and the team have done is to look at just compensation, so as it goes about its work it should broaden its scope.”

The commission also wants the timelines extended. President Ruto had given the team 120 days to establish a coordinating framework for compensating victims, including civilians and security officers who lost their lives or suffered injuries in protests from 2017.

“The commission thinks the number of days given is very short. If you look at the 120 days, it is too limited. There is a lot that needs to be done, including profiling, public participation, and other processes,” Omondi stated.

As the debate over compensation continues, a new KNCHR report on the right to defend human rights defenders accuses the government of failing to uphold these very rights.

“On paper, the Kenyan Constitution and its ratification of international treaties creates a strong foundation for human rights, but in reality, defenders still face threats, intimidation, arbitrary arrests, and in some cases, violence,” said KNCHR Commissioner Sarah Bonaya.

Omondi added that while the state is the primary duty bearer in promoting human rights, it is also among the biggest violators.

“The state is apparently the greatest violator when it comes to the provision of services and allocation of resources, particularly in cases of corruption,” he said.

The report, which covers the period from 2020 to 2022, reveals that seven human rights defenders were killed, two were forcibly disappeared, and 132 were arbitrarily arrested.

It further notes that while Kenyans have access to information, the misuse of the Public Order Act continues to limit the freedom to hold peaceful assemblies.

The commission is now calling on the government to fully implement the laws that guarantee freedoms and rights.