Court orders government to compensate protest victims Sh38.6 million

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The High Court in Kisumu has ordered the Inspector General of Police, the National Police Service, and the Attorney General to compensate 28 anti-government protest victims Sh38.6 million.

In a judgment dated March 25, 2026, Justice Alfred Mabeya ordered the three government bodies to jointly compensate the 28 petitioners.

The Independent Policing Oversight Authority was listed as the fourth respondent.

The petition followed the events that took place in Migori, Kisumu, and Aher in March and July 2023 during public demonstrations against the high cost of living, dubbed the “Azimio Maandamano”.

According to the petition, nine petitioners’ kin who were either shot or clobbered by police lost their lives, and 19 others sustained gunshot injuries.

The court established that, as it was contended that none of the petitioners were demonstrators and that they were either shot at or clobbered while going on with their daily chores, officers of the second respondent breached the law as to the use of force, as none of the petitioners was armed.

In his judgment, Justice Mabeya observed that the nine petitioners’ rights to life, equal benefit and protection of the law, and their right to security were violated by the actions of the first and second respondent subordinates who either shot or fatally injured the petitioners.

“A declaration hereby issues that the 1st and 2nd respondent violated the petitioners’ rights by subjecting them to torture, cruel, inhumane and degrading treatment by either shooting them and/or assaulting them, causing them severe and/or fatal injuries,” the judgment read in part.

The judgment further indicated that IPOA violated the petitioners’ rights by failing to furnish the petitioners with information concerning the status of investigations on the protests’ material to the Petition.

It stated that IPOA had also failed to publish The Judiciary of Kenya Doc IDENTITY:32823892631066511923323893036 Tracking Number: OO4ZF52026 28/30 and/or publicize any report or update material to the Petition.

The court declared that the Inspector General of Police, as well as officers of the National Police Service directly under his command, failed to uphold their mandate and obligations when they carried out the violations complained of and established in the Petition.

According to the judgment, the failure by the first, second, and fourth respondents to promptly, transparently, effectively, and thoroughly investigate instances where the use of force led to death or injury of the petitioners violated the positive obligation to investigate and prosecute violations of the right to life, torture, inhuman, and degrading treatment.

Justice Mabeya gave IPOA 90 days to conduct and conclude investigations and supply the petitioners with the status of the investigations and recommendations they have arrived at in regard to the appropriate action to be taken at the conclusion of the investigations; failure to do so will also result in compensation being ordered to compensate them.

“The fourth respondent to initiate prompt, thorough, and impartial investigations into the circumstances under which the petitioners and or their kin died or were injured at the hands of the officers of the National Police Service under the overall command of the Inspector General of Police during the period material to the Petition,” the judgement read in part.

The judgement directed the Inspector General of Police, the National Police Service, and the Attorney General to prepare, develop, and publish regulations on Public Order Management to regulate and manage public demonstrations and picketing under Article 37 of the Constitution and on the use of force, where necessary, and make the publication within 90 days.

“It is so decreed. This being a public interest litigation, I make no order as to costs,” the judgment read.

A mention date has been slated for July 7, 2026, where the court would confirm compliance.