Court awards over Sh38 million to victims of police brutality in landmark Kisumu ruling

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 them compensation totalling over Sh38 million, in a ruling that comes amid rising concern over extrajudicial killings in Kenya. 

The judgment, delivered by Justice Alfred Mabeya, found that security officers used excessive and unlawful force against civilians, leading to deaths, serious injuries and lasting trauma. 

The ruling comes against the backdrop of the 2025 Missing Voices Annual Report, which documents a continued pattern of police violence, particularly during protest periods. 

According to the report, police killings increased by 20 per cent in 2025, rising from 104 cases in 2024 to 125 cases, even as overall documented violations declined. 

The court issued individual awards to 29 petitioners from Kisumu, Migori and Ahero, with compensation ranging from Sh300,000 to over Sh4 million depending on the severity of injuries, permanent disability or loss of life. 

The petitioners had moved to court seeking justice for violations suffered during protests held between March and July 2023, a period the Missing Voices report identifies as consistently deadly, with June and July alone accounting for more than half of all police killings recorded in 2025.

 Police actions declared unconstitutional

In its ruling, the court held that the conduct of police officers violated fundamental constitutional rights, including the right to life, human dignity and security of the person. 

Justice Mabeya noted that some victims were not even participating in demonstrations but were caught up in the violence, with others allegedly shot or assaulted within their homes. 

“The actions complained of are gunshots and assault; there is overwhelming evidence of what happened,” he stated.

 This mirrors findings in the Missing Voices report, which identifies shootings as the leading cause of death in police-related killings, accounting for 114 out of 125 cases documented in 2025. 

Evidence presented in court showed that several victims died from gunshot wounds, while others sustained life-altering injuries, leaving them with permanent disabilities.

 The State had argued that the case was premature, citing ongoing investigations by oversight bodies. 

However, the court dismissed this argument, ruling that victims cannot be denied justice simply because investigations are incomplete. 

The judge emphasised that constitutional violations must be addressed without delay, especially where lives have been lost or irreparable harm caused. 

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 under the principle of command responsibility.

“Someone has to take responsibility,” Justice Mabeya said, faulting the failure by authorities to provide clear operational orders guiding police conduct during the protests.

 The court also criticised IPOA for delays in investigations, noting that justice for victims had been unnecessarily prolonged.

 “There is no investigation that can be too complex as to take forever,” the judge observed. 

This finding aligns with concerns raised in the Missing Voices report, which highlights limited accountability due to delayed investigations and resource constraints facing oversight bodies. 

Despite a sharp drop in enforced disappearances from 55 cases in 2024 to six in 2025, the report notes that the absence of a specific law criminalising enforced disappearances continues to hinder justice for victims’ families. 

The report further warns of shrinking civic space and increased targeting of protesters and human rights defenders. 

While the Kisumu case brought together victims across different backgrounds, national data shows that young people remain the most affected by police violence. 

The Missing Voices report indicates that individuals aged between 19 and 35 account for the highest number of victims, with men making up 90 per cent of those killed. 

The court, in describing the 2023 protests, said the period was marked by “tears, blood and death,” underscoring the scale of violations witnessed. 

In granting compensation, the court noted that while no amount of money can replace lives lost, damages serve as recognition of wrongdoing and a step towards justice for victims and their families. 

The matter will be mentioned on July 7, 2026, to confirm compliance with the structural orders issued. 

“This being a public interest litigation, I make no order as to costs,” the judge ruled. 

The decision is expected to have far-reaching implications on police accountability in Kenya, reinforcing calls for reforms in the management of public protests and the use of force by law enforcement agencies.