Compensation must not be used to buy silence

Mwakesi said compensation alone is not enough, arguing that victims and their families must still pursue justice, including civil claims against the State and prosecution of police officers and public officials found responsible.

“Money cannot replace a life. It cannot restore a limb, reverse permanent injury, or return breadwinners to their families. Compensation must not be used to buy silence. Victims must preserve their right to sue the government and demand full accountability,” Mwakesi said.

Speaking during an interview, Mwakesi, who is also a lawyer, said peaceful demonstration is a constitutional right and that the government has a duty to protect citizens exercising that right, not expose them to unlawful violence.

“We must hold the State accountable for the killing and injuring of innocent Kenyans who were demanding accountability from their government. Paying compensation is only one part of justice. The real test is whether those responsible will be investigated, prosecuted, and punished according to the law,” he said.

Mwakesi added that the government’s decision to compensate victims is an acknowledgment that serious harm occurred, but warned that reparations must not be treated as a substitute for criminal accountability.

“Compensation without prosecution is not justice. Families should not be asked to accept money while those who killed, maimed, or gave unlawful orders walk free. If anything, this compensation should strengthen the victims’ resolve to pursue justice through the courts,” he said.

The government has announced a compensation programme for victims of demonstrations and other human rights violations. However, the plan has faced criticism from some victims, families, and human rights defenders who argue that compensation must be accompanied by truth, accountability, and guarantees that such violations will not happen again.