Families of those killed and survivors of police brutality during the 2023 anti-government protests have won a landmark case after the High Court in Kisumu awarded compensation totalling over Sh38 million, in a ruling that highlights growing concern over extrajudicial killings in Kenya.
The judgment, delivered by Justice Alfred Mabeya, found that security officers used excessive and unlawful force against civilians, resulting in deaths, serious injuries, and lasting trauma.
The decision comes amid findings in the 2025 Missing Voices Annual Report, which points to a continued pattern of police violence, especially during protest periods, with killings rising by 20 per cent from 104 cases in 2024 to 125 in 2025.
The court issued compensation to 29 petitioners from Kisumu, Migori, and Ahero, with awards ranging from Sh300,000 to over Sh4 million depending on the severity of harm suffered. The petitioners had sought justice for violations during protests held between March and July 2023, a period described as particularly deadly.
The court ruled that police conduct violated constitutional rights, including the right to life, human dignity, and personal security.
Justice Mabeya noted that some victims were not involved in protests and were instead caught up in the violence, with others reportedly attacked in their homes. He stated that there was overwhelming evidence of gunshots and assaults.
This reflects broader findings that shootings remain the leading cause of death in police-related killings, accounting for most recorded cases. Evidence presented showed that several victims died from gunshot wounds, while others suffered permanent disabilities.
The State had argued that the case was premature due to ongoing investigations, but the court rejected this, stating that justice should not be delayed where constitutional violations have occurred.
The case was filed against the Inspector General of Police, the National Police Service, the Attorney General, and the Independent Policing Oversight Authority (IPOA).
The court held that the Inspector General bears ultimate responsibility for police actions, citing a lack of clear operational orders during the protests. Justice Mabeya stressed that accountability must be enforced.
The court also criticised IPOA for delays in investigations, noting that justice had been unnecessarily prolonged. This reflects wider concerns about limited accountability due to slow investigations and resource challenges.
Although enforced disappearances dropped significantly from 55 cases in 2024 to six in 2025, the absence of a specific law criminalising such acts continues to hinder justice. The report also warns of shrinking civic space and increased targeting of protesters and human rights defenders.
