The High Court has granted KSh 38,627,050 in compensation to individuals and families impacted by police brutality during demonstrations, alongside directives intended to reform protest management nationwide.
In a significant ruling by Justice Alfred Mabeya, the court determined that governmental bodies contravened constitutional rights, specifically those pertaining to life, dignity, equality, and personal security.
The judge established that multiple petitioners were illegally shot, attacked, or killed by law enforcement officers during demonstrations, constituting torture and inhumane treatment contrary to Articles 26, 27, 28, and 29 of the Constitution.
The magistrate underscored that the Bill of Rights represents not merely idealistic principles but enforceable entitlements to be fully realized by every citizen.
When determining compensation, the court clarified that awards aim to restore dignity rather than provide unjust enrichment, basing its decisions on analogous legal precedents. Relatives of deceased individuals received payments between Kshs. 910,000 and Kshs. 1.4 million, whereas persons with serious injuries obtained up to Kshs. 4.87 million according to the severity of harm and anticipated medical requirements.
In addition to financial compensation, the court implemented a structural interdict mandating ongoing judicial supervision to ensure adherence to its instructions. The government was directed to execute swift, comprehensive, and transparent inquiries into all fatalities and casualties within 90 days, providing updates to affected individuals.
Government officials were further instructed to formulate and disseminate regulations addressing public assemblies and force application within the same timeframe.
The court additionally determined that law enforcement neglected their constitutional obligation under Article 244 to maintain professional standards and safeguard citizens, condemning the absence of accountability and transparency in investigating the occurrences.
Identifying the case as litigation serving the public interest, the court refrained from issuing cost orders and acknowledged the petitioners and their legal representatives for safeguarding constitutional entitlements.
The matter will be reviewed on July 7, 2026, to verify adherence to the court’s mandates, representing a noteworthy advancement in implementing accountability and reinforcing constitutional safeguards in Kenya.