Victims of human rights violations, including those arising from demonstrations and public protests, could soon receive compensation through a dedicated government-backed fund if new proposals under consideration are adopted.
The proposal is contained in a Compensation Framework that seeks to establish a more reliable and sustainable system for compensating victims, amid growing calls for justice and reparations for individuals affected by rights abuses over the years.
According to the framework, Parliament would be required to establish a permanent Reparations Fund through legislation, with the National Treasury responsible for allocating and releasing money for its implementation.
The fund would be operationalized through the new Reparations Act, which will also form an independent body to oversee the process of compensation.
The recommendations have been developed by the Kenya National Commission on Human Rights (KNCHR) and handed over to President William Ruto on June 15 in their report on compensations to victims of human rights abuses.
According to the commission, there have been delays in the process of compensating victims of human rights abuses due to poor and irregular funding in the past.
“Inadequate and inconsistent financing have been the cause of delays in many previous compensation efforts and recommendations, including historical injustices,” the report reads.
The compensation fund will be funded annually by National Treasury allocations, in addition to grants, donations and any other legitimate source of finance.
KNCHR says the arrangement would help guarantee predictable funding for compensation and other support programmes for victims.
Beyond financial compensation, the recommendations also call for faster investigations into protest-related rights violations, prosecution of those found responsible and the review of cases involving individuals arrested while exercising constitutional rights.
This framework further recommends prioritizing vulnerable victims in the process of compensation.
These recommendations arise at a time where there has been increased need for accountability and compensation due to protest-related events that have happened over recent times.
President Ruto has already shown his intention to go ahead with these proposals as he has promised to implement all the recommendations made in the KNCHR report.
To show the willingness of the government to act, the authorities have confirmed the setting aside of Ksh2 billion to cater for the compensation of victims of human rights violations that were associated with the protests from 2017 through to 2024.
The compensation will start next week as the government seeks to deal with pending cases of victims of human rights abuses.
This proposed framework, if enacted, will represent a new beginning for handling victims of human rights abuses within the country.