Frequently Asked Questions (FAQs) on the Kenya National Commission on Human Rights (KNCHR) Role in Compensation and Reparations to Victims of Human Rights Violations
This document addresses key Frequently Asked Questions from stakeholders regarding the Kenya National Commission on Human Rights’ role and assignment in developing a framework for compensation and reparations to victims of human rights violations.
1. Why is KNCHR leading this reparations process?
The KNCHR is leading this process due to its constitutional mandate under Article 59 of the Constitution and the KNCHR Act, 2011, which was affirmed by a landmark High Court Judgment in Kerugoya (Petition E010 of 2025 - consolidated) delivered on December 4, 2025. Additionally, a Proclamation and Gazette Notice issued by H.E. the President on March 6, 2026, pursuant to Article 254(2) of the Constitution, specifically required KNCHR to submit a report containing a Framework for Compensation and Reparations within sixty days.
2. What exactly is the "Framework for Compensation and Reparations to Victims of Human Rights Violations"?
The Framework is a comprehensive guide being developed by KNCHR to ensure a transparent, accountable, and comprehensive reparations process for victims of human rights violations. It will outline the mechanisms, criteria, and forms of reparations to be provided. The KNCHR is currently developing a Reparations Framework and Bill.
3. Is this Framework only for recent protests or also for historical violations? Which years or events are covered?
The Framework is intended to cover all victims of gross human rights violations and serious violations of international human rights law, including those from recent protests and demonstrations.
4. What then are serious gross human rights violations?
While all human rights violations are entitled to a remedy, reparations focuses on the systemic, grave, cruel, and severe nature of the violations. A gross human rights violation is severe in impact, is widespread or systematic, and violates non-derogable rights. These include extrajudicial killings, torture, cruel, inhuman or degrading treatment or punishment, enforced disappearances, arbitrary detention, sexual and gender based violence, systemic discrimination, among others.
5. What kinds of reparations are being considered, beyond cash compensation, and how will amounts be decided?
Reparations may include compensation (money), restitution (restoring rights or status where possible), rehabilitation (medical and psychosocial support), satisfaction (acknowledgement, apology, memorialization and truth-telling) and guarantees of non-repetition (reforms to prevent future violations). The Framework will guide how different forms of reparations, including compensation amounts, are to be assessed for consideration by the State.
6. What about the KSh 2 billion that has been mentioned, and what support is KNCHR seeking from Parliament and the National Treasury?
The disbursement of these and any additional funds will be undertaken by the Executive arm of Government. KNCHR’s role is to develop a framework that shall guide the process as well as furnish the Executive with a report that shall contain a list of eligible victims and survivors.
7. Why only 21 days to submit claims? Isn't that too short?
The call to submit information and documents by Friday, 3rd April 2026 is an initial data-collection window to inform the Framework. It helps KNCHR quickly map the scale and patterns of violations and update its existing database; it is not the only opportunity because reparations are a continuous process.
8. What happens after 3rd April? Will victims who come later be locked out?
No. The 3rd April date is for the first phase of data collection. KNCHR will continue to document cases in accordance with its mandate and will create further opportunities for victims and the public to be heard as the Framework is developed and implemented.
9. What is the timeline for KNCHR to submit its report on the Reparations Framework, and when might victims actually receive reparations?
KNCHR must submit its report containing the Reparations Framework to the President within sixty days from 6 March 2026. Actual payment of compensation and other reparations will follow once the Framework and any related laws or policies are adopted by the Government.
10. Who is considered a "victim of gross human rights violations" for this Framework?
A victim is any person, or their family, who has suffered harm because of a gross human rights violation, including during protests and demonstrations. This may include death, injury, torture or ill-treatment, sexual and gender-based violence, unlawful detention, enforced disappearance, or serious socio-economic loss linked to violations. The detailed criteria will be set out in the Framework.
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