The group, led by Nairobi Senator Edwin Sifuna, questioned the methodology behind determining the Sh2 billion amount as adequate and how compensation would be distributed despite the Victims Compensation Fund not being operational.
Suba South MP Caroli Omondi expressed skepticism about the fund, questioning how the value of a lost life could be determined or how injuries would be assessed for compensation.
“How was the Sh2 billion figure calculated for protest victims compensation? What is the actual number of victims? And what about justice and accountability for police officers who killed innocent protesters?” Omondi asked.
The caucus stated that the Presidential Proclamation establishing a framework for compensating victims of protests and riots between 2017 and 2025 was unconstitutional, a position affirmed by the High Court in December 2025.
Considering the involvement of previous and current administrations in human rights abuses, the group contends that any framework controlled by the Presidency could amount to a whitewashing exercise rather than promoting truth, justice, and accountability.
“Any state mechanism controlled by the Executive would serve as a political tactic to protect state agencies, especially the National Police Service, from being held accountable for killings, injuries, and violations against citizens exercising their constitutional right to assemble and demonstrate.”
The faction’s ‘truth report’ adds, “This represents a political strategy to obstruct justice and deceive victims and society. Kenya does not require an illegitimate body operating outside constitutional boundaries.”
During the launch of a parallel report to the 10-Point Agenda by the Agnes Zani team, Linda Mwananchi expressed concern that although Article 37 guarantees peaceful assembly rights, enforcement typically prioritizes control over facilitation.
The team highlighted ongoing concerns about this right’s exercise, citing numerous citizensparticularly young peoplewho have faced arbitrary arrest, injury, death during protests or imprisonment, or torture in police custody.
They noted that the July 7, 2025 (Saba Saba) protests resulted in 31 deaths and over 500 arrests, with at least 38 fatalities occurring within a five-day period.
“Despite extensive documentation by the Independent Policing Oversight Authority, KNCHR, and civil society, impunity continues. No senior officials have been prosecuted, IPOA has not released its findings on these incidents, and only two cases related to protester killings have advanced in the courts,” the report states.
The report alleges that President William Ruto ignored existing constitutional and legal provisions by creating a compensation panel that was later ruled unconstitutional by the court.
The report adds that since the beginning of the year, the Kenya Human Rights Commission has recorded at least seven police killings nationwide.
“Over 250 individuals have died at the hands of police since the Kenya Kwanza administration came to power; the actual death toll may be significantly higher due to the regime’s deliberate concealment and manipulation of evidence to hide the extent of its abuses.”
Despite reports promised under the BBG agreement, the Sifuna team maintains that rogue police units operate unchecked nationwide, police reforms remain unfulfilled, and security services have not addressed the growing culture of brutality within their ranks.
“In the meantime, police continue to disperse peaceful assemblies. Recent examples include a rally in Kitengela on February 15, 2026, another gathering in Kakamega on February 21, 2026, and a violent incident at a church service in Nyeri on January 26, 2026, where women and children sustained injuries during the attack.”