KNCHR seeks reforms to stop State brutality

The Kenya National Commission on Human Rights (KNCHR) is cautioning that compensation against police brutality would not resolve long-standing pattern of right abuse unless it is anchored in institutional and legal reforms.

In its report on the proposed reparations programme, the commission describes the initiative as significant, noting that it marks one of the few instances where the State had sought to compensate victims of human rights violations.

But the State agency says the monetary compensation should be part of a broader effort to repair institutions, restore public trust and prevent future abuses.

“Reparations should not be treated as an ad hoc exercise that merely compensates victims while leaving the structures that produced the violations intact,” says the commission.

“Compensation must be part of a broader transitional justice framework that includes institutional reforms, truth-telling and guarantees of non-repetition.” 

The report documents 245 victims of violations of the right to life and 35 victims of  enforced disappearances. It says 135 people were tortured, 473 had their freedom and security violated, while 75 were sexual abused.

A key recommendation by KNCHR is a formal public apology and explicit acknowledgement of State responsibility. 

“Victims are not only seeking financial relief but recognition of wrongdoing and assurance that such violations will not happen again,” says the report.

The commission also raises concerns over persistent implementation gap in governance and justice systems. It points to a history of commissions, inquiries and reports whose recommendations have largely remained on paper, warning that reparations risk suffering the same fate if they are not supported by concrete policy and legislative action.

“Kenya has repeatedly documented violations and produced recommendations, but implementation has consistently lagged behind,” the report observes.

KNCHR further highlights weaknesses in oversight and policing structures, recommending stronger monitoring of law enforcement operations, expedited investigations into human rights violations and improved reporting mechanisms for incidents involving the use of lethal force.

The commission also calls for strengthening the Independent Policing Oversight Authority, arguing that effective civilian oversight is critical in preventing future abuses.

It suggests that recurring allegations of excessive force, torture, arbitrary arrests and protest-related violations point to the need for a more robust and empowered oversight framework.

The report further questions the continued criminalisation of individuals participating in protests and demonstrations protected under the Constitution.

It recommends a review and possible withdrawal of charges against persons arrested while exercising their constitutional rights, arguing that the right to peaceful assembly must be better protected through legislative and administrative reforms.

Particular attention is given to the 35 cases of enforced disappearances included in the reparations framework. KNCHR recommends the enactment of legislation specifically criminalising enforced disappearances, and urges the State to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

For families whose relatives remain unaccounted for, the commission argues that financial compensation alone cannot substitute the need for answers.

“Reparations must include truth recovery and clear answers on the fate and whereabouts of loved ones,” the report states.

The Commission also calls for the establishment of a permanent reparations framework and fund to avoid a fragmented approach to compensating victims. It argues that a structured mechanism would provide consistency, transparency and sustainability while ensuring that victims remain at the centre of the process.

Beyond addressing past violations, KNCHR says the ultimate objective of reparations should be to prevent future abuses.

It recommends reforms to the Public Order Act, legislation to operationalize Article 37 on the right to peaceful assembly, stronger protection for human rights defenders, enhanced police oversight and measures aimed at ensuring constitutional rights are respected during public demonstrations.

“Reparations must not only address past harm but also prevent future violations,” the Commission states.

For KNCHR, the success of the government's reparations programme will ultimately be measured not by the amount of money paid out, but by whether it catalyses lasting reforms that address the conditions that enabled the violations in the first place.

“Without structural reforms, reparations risk addressing the symptoms while leaving the underlying causes intact,” the Commission said.