The government has received about 1,100 claims for compensation from victims of protest-related incidents between 2013 and 2025, with KSh448 million already paid to successful claimants in the first phase of the programme, according to the chairperson of the compensation panel, Prof. Makau Mutua.
Prof. Mutua said the programme has so far received claims involving 221 fatalities, about 700 injuries and dozens of cases relating to economic losses suffered during demonstrations.
He said the first phase saw 348 claims processed and compensated, while another 500 claims are scheduled for processing beginning next week.
“The compensation process has received about 1,100 claims, including about 221 fatalities, around 700 injuries, and claims for economic loss, with the first phase processing 348 claims and paying out KSh448 million. Starting next week, another 500 claims will be processed as the compensation programme continues to make progress,” he said.
Prof. Mutua said the compensation framework was developed by a multidisciplinary panel comprising lawyers, economists, doctors and other experts, drawing on international standards from countries including Nepal, Nigeria, South Africa and Bangladesh.
Under the framework, families of those who died receive KSh3 million, victims with serious injuries receive KSh1 million, while those with moderate injuries are awarded KSh500,000. Economic loss claims attract token compensation depending on the circumstances.
He said the awards compare favourably with compensation granted in similar cases internationally.
The panel chair urged victims who have not yet lodged claims to come forward, saying the programme remains open to eligible applicants.
He said claims can be submitted through the panel’s offices at the Kenyatta International Convention Centre (KICC), or through the Kenya National Commission on Human Rights (KNCHR) and the Independent Policing Oversight Authority (IPOA). Compensation forms are available physically at KICC and can also be sent to applicants via WhatsApp or email upon request.
Prof. Mutua explained that only incidents linked to the exercise of rights guaranteed under Article 37 of the Constitution—including protests, demonstrations, picketing and petitions—qualify for compensation.
He said claimants must provide documentary evidence, including postmortem reports and death certificates in fatal cases, or police reports, medical records and hospital bills for injury claims.
According to Prof. Mutua, the panel has put in place rigorous verification procedures to ensure only genuine claims are approved.
“The compensation process includes multiple levels of authentication and verification to ensure only legitimate claims qualify, using a reasonable basis to believe standard rather than the criminal law standard of proof beyond reasonable doubt,” he said.
Responding to concerns that some victims, including alleged abductees, had been left out, Prof. Mutua said the programme is being implemented in phases and that additional categories of victims will be considered as verification continues.
“It is incorrect to argue that some victims have been left out because the compensation programme is being implemented in phases as victims are identified and their claims verified. Not every claim can be processed at once,” he said.
To enhance transparency, Prof. Mutua said the verification process is being undertaken jointly by the KNCHR, IPOA and the compensation panel, adding that the names of beneficiaries will be published—with their consent—and gazetted once the exercise is completed.
He expressed confidence that the remaining claims would be processed within the next two to three months, with the entire programme expected to conclude before the end of the year.
Beyond compensation, Prof. Mutua said the initiative forms part of a broader transitional justice agenda that also includes accountability and institutional reforms.
He disclosed that IPOA has opened investigations into about 1,100 protest-related cases, with prosecutions expected where sufficient evidence exists.
The panel is also working with the KNCHR and IPOA to develop legislation governing the exercise of Article 37 rights, as well as a police training manual aimed at improving officers’ handling of demonstrations.
“We are drafting a protest law to provide a clear basis for both citizens and security forces to understand their obligations during protests, because even in advanced democracies protests are regulated by law,” Prof. Mutua said.
He added that the proposed police training manual is intended to guide officers on responding proportionately to protests, particularly when demonstrations escalate, to help prevent excessive use of force.
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