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Compensation Framework – Frequently Asked Questions
Clear answers about the 120‑day government-led initiative to provide justice, redress, and compensation for victims of demonstrations and public protests.
1) What is this process about?
2) Who is coordinating the process?
His Excellency the President has appointed a Panel of Experts to effect the implementation.
Principal Co‑ordinator / Chairperson
Makau Mutua (Prof.)
Vice‑Chairperson
Faith Odhiambo Mony
Members
- Kennedy N. Ogeto
- Francis Muraya (Dr.)
- Irungu Houghton
- Juliet Chepkemei
- John Olukuru (Dr.)
- Pius Metto
- Rev. (Fr). Kennedy Barasa Simiyu
- Fatuma Kinsi Abass
- Linda Musumba (Dr.)
- Raphael Anampiu
- Duncan Ojwang’ (Dr.)
Technical Team
- Technical Lead: Richard Barno
- Co‑Technical Lead: Duncan A. Okelo Ndeda (Dr.)
- Joint Secretaries: Jerusah Mwaathime Michael, Raphael Ng’etich (Dr.)
The process is led by Professor Makau Mutua, the Presidential Advisor on Constitutional Affairs, and the above multi‑sectoral team.
3) What is their Mandate?
- (a) Design and establish an operational framework to verify, categorise, and compensate eligible victims.
- (b) Engage relevant stakeholders to ensure inclusivity and fairness in the compensation process.
- (c) Access and authenticate data from authoritative sources including IPOA, KNCHR, the National Police Service, the Ministry of Health, and civil society.
- (d) Where evidence warrants, recommend reparations, prosecutions or other accountability measures to the ODPP and oversight bodies.
- (e) Propose legislative and institutional reforms; prepare periodic progress reports and a Final Report.
- (f) Require attendance of persons/institutions for information or documents; constitute working groups.
- (g) Co‑opt technical experts and regulate own procedures including quorum and decision‑making.
- (h) Perform any other function ancillary to this mandate.
4) Is this process constitutional?
5) Who will be compensated?
- (a) Families of persons who lost their lives during protests within the stated period.
- (b) Persons who suffered serious bodily injuries because of state violence during protests.
6) How to register?
7) What documents or proof are needed for registration and verification?
8) Transparency and accountability?
9) What is the timeline of the initiative?
- Phase 1 (Days 1–40): Awareness & victim registration.
- Phase 2 (Days 41–80): Verification & publication of lists.
- Phase 3 (Days 81–120): Compensation disbursement & accountability.
10) Is this process political?
11) How will the public be reached?
12) What principles guide this process?
13) How is it going to be implemented?
- Operates under a strict 120‑day timeline.
- Has a clear mandate to deliver compensation.
- Maintains independent, auditable records and publishes anonymised statistics and progress updates.
Compensation & Reparation Initiative – Myths vs Facts
Myth 1
This task force is unconstitutional.
Fact
The initiative is anchored in the Bill of Rights under Kenya’s Constitution. It is coordinated by the Presidential Advisor on Constitutional Affairs and Human Rights with legal backing and the involvement of state institutions.
Myth 2
The process is shielding criminals.
Fact
The process is victim‑focused. Where evidence points to wrongdoing, the panel will recommend reparations, prosecutions, or other appropriate actions. Compensation does not replace accountability.
Myth 3
Investigations are being ignored.
Fact
Compensation runs in parallel with investigations by IPOA, ODPP, KNCHR, and other agencies. Victims will be compensated while perpetrators face the justice system.
Myth 4
Oversight is weak and untrustworthy.
Fact
This process has layered oversight: independent observers (civil society, LSK, ICPAK, PRSK), transparent auditable records published publicly, and weekly updates on payments and progress.
Myth 5
This will curtail freedom of protest.
Fact
The right to protest is protected by the Constitution. The initiative seeks to balance this freedom with civic responsibility and reform policing culture to ensure protests are peaceful and rights are respected.
Myth 6
Other organizations could have managed this better.
Fact
The initiative is multi‑agency, involving the Attorney General, National Treasury, Ministry of Interior, IPOA, ODPP, KNCHR, and civil society. This ensures inclusivity and accountability, with both government and independent actors engaged.
Myth 7
The process lacks transparency.
Fact
All payments will be made directly to beneficiaries without deductions, published county by county, and audited with anonymised but verifiable data.