Deputy President Kithure Kindiki has called for urgent reforms to Kenya's legal and institutional framework governing demonstrations, arguing that political protests have become the most contentious aspect of the constitutional right to assemble and require a delicate balance between freedoms, accountability and public order.
Speaking at State House, Nairobi, on Monday during the presentation of the Report on the Framework for Reparations for Victims of Human Rights Violations, Kindiki said the country had entered a difficult but necessary phase of transitional justice as it sought to address the legacy of violence linked to public protests.
"Today we are not talking compensation, we are talking reparation, because we cannot compensate death. I mean, it's unimaginable," he said, noting that the process was about acknowledging harm, repairing relationships and ensuring similar tragedies do not recur.
Kindiki said Kenya had identified gaps in its legal framework, particularly in the implementation of Article 37 of the Constitution, which guarantees the rights to assemble, demonstrate, picket and petition authorities.
"The most problematic part... has been the demonstration part," he said. "We have had numerous cases of exemplary and successful demonstrations, peaceful and constitutional... The challenge in that demonstration right has been political demonstration. That is where the problem is."
He cautioned against generalising all protests as disorderly, pointing out that professionals, trade unions and other groups had successfully exercised their constitutional rights peacefully over the years.
At the same time, he said the country needed to confront difficult questions of justice and accountability.
"We must settle accounts, we must reconcile with one another, we must repair," Kindiki said. "We have ventured into the space of transitional justice, very complex, and many countries do not want to address this issue."
He stressed that discussions around reparations must also uphold the rule of law. "There is no punishment without law, and the two must be proportionate. The crime, the gravity, and the gravity of punishment must be balanced," he said.
Kindiki expressed hope that Kenya would eventually reach a point where political leaders organise peaceful demonstrations, ensure their supporters remain orderly and work alongside police officers to safeguard public safety.
"I look forward to a day where... a political leader of whatever stature... will organise demonstrations, make sure that they control their supporters... be assisted by the police... and go home in the evening. That is the dream of this country," he said.
His remarks came as victims of human rights abuses linked to protests moved closer to receiving reparations. The Kenya National Commission on Human Rights (KNCHR) on Monday submitted its report on the Framework for Reparations for Victims of Human Rights Violations to President William Ruto, paving the way for compensation payments to begin from next week.
In April, the government allocated Sh.2 billion in the first supplementary budget for the 2025/2026 financial year to facilitate the compensation process.
Submitting the report, KNCHR Chairperson Claris Ogangah said the reparations process was intended to restore trust and rebuild hope among Kenyans.
"Kenya has taken an important step towards healing historical wounds, strengthening national unity and building a society founded on justice, human dignity, accountability and respect for human rights," Ogangah said.
The compensation programme will cover victims of violence and rights abuses linked to the 2017 and 2022 post-election periods, as well as those affected during the 2023 and 2024 Finance Bill protests and the 2025 Saba Saba demonstrations.
Since unveiling the compensation framework, KNCHR has documented 1,815 claims and received a further 1,022 cases from the Independent Policing Oversight Authority (IPOA), alongside additional submissions from the Ministry of Interior.
According to Ogangah, the commission has so far verified and obtained consent from 1,101 victims across six categories of violations.
"Not all cases reported to the commission qualified as gross human rights violations for reparations, as some were isolated criminal acts," she said, adding that such cases would instead proceed through the criminal justice system.