High Court Awards Ksh.38.6 Million to Kisumu Protest Victims, Orders Sweeping Police Reforms
The High Court has awarded Ksh.38,627,050 in compensation to victims and families affected by police brutality during protests in Kisumu, in a landmark ruling that also compels the government to implement far-reaching police reforms.
In a judgment delivered by Justice Alfred Mabeya, the court found that State agencies violated fundamental constitutional rights, including the right to life, human dignity, equality, and security of the person.
Court Finds Gross Rights Violations
The court ruled that several petitioners were unlawfully shot, assaulted, or fatally injured by police officers during the protests.
Justice Mabeya held that the actions amounted to torture and cruel, inhuman, and degrading treatment, in violation of Articles 26, 27, 28, and 29 of the Constitution.
“The Bill of Rights is not merely aspirational but a binding guarantee that must be fully enjoyed by all citizens,” the judge emphasized.
Compensation for Victims and Families
In awarding damages, the court noted that compensation is intended to restore dignity rather than unjust enrichment.
Families of victims who lost their lives were awarded between Ksh.910,000 and Ksh.1.4 million, while those who sustained severe injuries received compensation of up to Ksh.4.87 million, depending on the extent of harm and future medical needs.
The court relied on previous judicial precedents to ensure fairness and consistency in the awards.
Court Orders Police Reforms
Beyond compensation, the court issued a structural interdict requiring continued judicial oversight to ensure implementation of its directives.
The government has been ordered to:
- Conduct prompt, thorough, and transparent investigations into all deaths and injuries within 90 days
- Provide regular updates to victims and their families
- Develop and publish clear regulations on public demonstrations and use of force within the same timeframe
The ruling also faulted police for failing in their constitutional duty under Article 244 to uphold professionalism and protect citizens.
Accountability Under Scrutiny
The court strongly criticised the lack of accountability and transparency in how the incidents were investigated, noting that justice for victims had been delayed.
Recognising the case as public interest litigation, the court made no order as to costs and commended the petitioners and their legal teams for defending constitutional rights.
Case to Be Mentioned in July
The matter will be mentioned on July 7, 2026, to confirm compliance with the court’s orders—marking a crucial step in enforcing accountability and strengthening constitutional protections in Kenya.
Rights Groups Welcome Ruling
Vincent Chahale, Country Director of International Justice Mission (IJM), welcomed the judgment, saying it offers hope to victims.
“Many cases of police abuse during protests and other incidents remain unresolved. Survivors deserve answers,” he said.
Chahale called for independent investigations and accessible reporting mechanisms to ensure justice is served and public trust in institutions is restored.
