Twenty-eight victims of police violence during the 2023 anti-government protests in Kisumu will receive over Sh38.6 million in compensation after the High Court found police used excessive force, causing deaths and life-altering injuries.
The court also faulted the Independent Policing Oversight Authority (IPOA), saying it “either turned a deaf ear” to complaints or “took forever to act,” leaving victims without timely justice.
In a landmark judgment, the court held the Inspector-General of Police and the National Police Service liable for unlawful killings and injuries inflicted on civilians during demonstrations against the high cost of living between March and July 2023.
Kisumu residents light bonfires on Jomo Kenyatta Highway during anti-government protests on March 20, 2023. A Maseno University student was shot dead during the protests.
Photo credit: Ondari Ogega| Nation Media Group
The court awarded the victims a combined payout of Sh38.6 million in compensation for the excessive police force, deaths and life-altering injuries.
It awarded individual amounts ranging from Sh300,000 to Sh4.8 million per victim, depending on the severity of each case.
The case brought together survivors, bereaved families and human rights groups who documented harrowing accounts of police brutality. Evidence showed victims were either shot, beaten or caught in police operations while going about their daily lives.
The court ruled that the force deployed by police was excessive, disproportionate and unconstitutional, violating the victims’ rights to life, dignity and security.
“After the Petitioners were injured as narrated in their affidavits they went to various Police Stations and IPOA to make reports. However, they were never attended to. At IPOA, most were informed that its systems were down. At Police Stations, they were turned away,” the court stated. “Apart from taking forever to act, any action on part of IPOA would not have been adequate.”
As a result, the petitioners were denied the right to have their reports being acted on and investigated promptly.
The court noted that though the Constitution recognizes that the children are entitled to special protection being a vulnerable class, in this case minor petitioners were exposed to violence by the Police Officers. “This was in utter violation of the said right,” it stated.
The evidence on record was that police officers broke into the houses, flushed the petitioners out and “clobbered them senseless”.
“The petitioners were entitled to the privacy of their homes but this was shattered when Police Officers broke down gates and doors to flush them out,” said Justice Alfred Mabeya, describing the shootings, beatings and raids in homes across Kisumu and nearby areas during the protests.
The court found that nine people were killed, including a minor, while at least 19 others suffered serious injuries, some resulting in permanent disability.
Among the dead were young men dragged from their homes and fatally assaulted, and civilians shot while running errands or fleeing police.
Survivors recounted being shot in the limbs, chest and abdomen, leaving lasting physical and psychological scars.
Police officers fire teargas to disperse protesters who tried to access the city centre during the Azimio coalition's anti-government protests in Kisumu on March 27, 2023.
Photo credit: Ondari Ogega | Nation Media Group
The court dismissed police claims that the deaths were a result of violent protests, finding instead that many victims were unarmed bystanders.
“The victims were in good health before their encounter with the police,” the court noted, adding that the use of force “led to severe injuries thereby infringing on their rights.”
In assigning responsibility, the court invoked the principle of command responsibility, holding that the Inspector-General bore ultimate accountability for the conduct of officers under his command.
“Someone has to take responsibility,” the judge said, noting that police acted with unchecked force during the demonstrations.
The court also criticised the failure by authorities to provide evidence explaining the operations, saying this denied the court a clear account of events.
The Independent Policing Oversight Authority (IPOA) was faulted for delays in investigations, which the court said denied victims timely justice.
“The evidence on record shows that either IPOA turned a deaf ear to them or took its sweet time to act on the reports. It alleged that its system were down and where it took the reports, it took forever to act. Indeed, even as at the time of the trial, the ‘investigations were still ongoing’,” the court said.
Compensation awarded ranged between Sh300,000 and Sh4.8 million depending on the severity of harm suffered.
Beyond damages, the court ordered sweeping reforms, directing the police service to develop and publish guidelines on public order management and the use of force within 90 days.
Reacting to the ruling, the International Justice Mission (IJM) Kenya welcomed the decision, terming it a major step toward accountability.
“This decision signifies that their pursuit of justice is valid, essential, and more importantly, consequential,” said IJM Kenya country director Vincent Chahale.
He said the judgment affirms the dignity of victims and sends a strong signal that unlawful use of force will not go unpunished.
“This judgment gives survivors hope—but our work is not finished,” he added, calling for prompt investigations and accountability for all cases of police abuse.
