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Amnesty backs KNCHR reparations plan but demands prosecutions for justice

In a statement released on June 18,2026, the rights group said the framework marked “a significant milestone in Kenya’s ongoing pursuit of truth, justice, accountability, and reparations,” especially for victims of unlawful killings, torture, enforced disappearances, sexual violence and arbitrary arrests.

Amnesty International Kenya has welcomed a new reparations framework by the Kenya National Commission on Human Rights (KNCHR) aimed at compensating victims of rights violations linked to protests, saying it marks progress in addressing long-standing abuses, but insisting that compensation without prosecutions leaves justice unfinished.


In a statement issued on June 18, 2026, the rights group said the framework is an important step in Kenya’s efforts to deal with truth, justice, accountability and reparations for victims of unlawful killings, torture, enforced disappearances, sexual violence and arbitrary arrests. It noted that the document provides a structured response to violations recorded during public demonstrations between 2017 and 2025.


The KNCHR framework lays out a victim-focused reparations programme that includes financial compensation, official recognition of harm suffered, memorialisation of victims, and measures aimed at preventing repeat violations. It also proposes a lower evidentiary threshold to make it easier for victims to access compensation and encourages stronger involvement of victims in designing and monitoring the process.


President William Ruto on Monday welcomed the initiative and announced that Sh2 billion had been allocated for compensation, describing it as recognition that harm occurred and part of a wider effort toward national healing.


According to KNCHR, the process has received 1,937 claims so far, with 1,101 victims already verified for compensation.


Amnesty International Kenya said it supports key elements of the framework, including recognition that reparations are an independent right that should not depend on criminal proceedings, as well as proposals for a formal public apology acknowledging state responsibility. However, it warned that the real test lies in how the plan is implemented.


“While the framework represents progress, its success will be measured by implementation. Reparations alone cannot deliver justice,” the organisation said.


The rights group added that accountability within security agencies remains a major gap, pointing out that more than 200 people were killed during demonstrations between 2024 and 2026, with only a few cases reaching court. It urged the government to move beyond compensation and ensure investigations and prosecutions are pursued.


It further called for the creation of a dedicated reparations fund, the passing of supporting laws, a national reparations policy, and adequate budget allocation to guarantee victims receive timely redress.


“The Government of Kenya must now establish the Reparations Fund, enact comprehensive legislation, adopt a National Reparations Policy, and allocate sufficient resources to ensure victims receive timely and effective redress,” it said.


Legal and political leaders have also raised questions over whether the framework goes far enough. Law Society of Kenya President Charles Kanjama noted that while the plan recognises different forms of reparations, including guarantees of non-repetition, it does not clearly outline how perpetrators will be held to account.


Siaya Governor James Orengo also raised concerns about relying on compensation as a substitute for justice.


“If deaths and injuries resulting from demonstrations can be settled through predetermined compensation, the urgency to prevent such violations diminishes,” he said. “As long as there is no accountability by arrest and prosecution of the offenders, the reparations programme only exists to legitimise the use of excessive force by attaching a financial cost to human life.”


Former Chief Justice David Maraga has similarly faulted proposals that focus on financial compensation without criminal action, arguing that such an approach amounts to “incomplete justice” and does little to discourage future abuses. He has maintained that investigations, arrests and prosecutions remain essential for lasting accountability.


The KNCHR framework also recognises victims of enforced disappearances and missing persons, and proposes memorialisation measures to acknowledge suffering and preserve public memory of past violations. Rights groups say this is a long overdue step in a country where allegations of excessive force during protests have persisted for years.


Amnesty International Kenya concluded that while compensation cannot undo the damage caused, justice will only be meaningful if truth and accountability are part of the process.


“No amount of compensation can restore lives lost, erase the trauma of torture, or undo the devastation of enforced disappearances,” the organisation said, calling for urgent investigations and prosecutions to ensure non-recurrence.

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