KISUMU, Kenya — A Kenyan court has ordered the state to pay more than Sh38.6 million to victims and families affected by police violence during the 2023 anti-government protests. The ruling is among the most detailed judicial findings yet on how security forces handled the unrest.
In a judgment delivered on 25 March 2026, Justice Alfred Mabeya said officers used unlawful and excessive force during demonstrations held across Kisumu, Migori and Ahero. He found that the actions violated constitutional protections, including the right to life, dignity and security.
The court said nine people died and dozens were injured in incidents linked to police operations. Compensation ranges from Sh300,000 to Sh4.1 million, depending on the harm suffered.
“All that is narrated above is not from any blockbuster movie or any warfront,” Justice Mabeya said. “It is actual events that took place in Migori, Kisumu and Ahero.”
The case was filed by 29 petitioners led by former Law Society of Kenya Kisumu branch chair Dorcas Akinyi Oluoch. Families described shootings, assaults and permanent injuries suffered during protests tied to the Azimio la Umoja-led cost-of-living demonstrations.
Among the most cited cases were two young men, Brian Oniang’o and William Akhala Omulele, who were allegedly taken from their home in Nyalenda, beaten and later died in hospital. The court also heard that a 17-year-old, Joshua Lucas Kiwendo, was shot and later died months afterwards.
Another teenager, Margaret Abongo Onyango, was shot while running an errand near her home. A rubber bullet was later removed from her body, according to evidence presented in court.
Several other victims were left with lasting injuries, including amputations and mobility challenges. Some said they were not part of protests at all, but caught up in street operations or pursued into residential areas.
The National Police Service, the Inspector General of Police and the Attorney General opposed the petition. They argued there was no direct link between senior police leadership and the incidents, and said officers acted to restore order during what they described as violent demonstrations.
They also said the petitioners should have first pursued complaints through the Independent Policing Oversight Authority (Ipoa) before going to court.
But the judge rejected those arguments, saying constitutional claims could proceed even while investigations were ongoing. He also cited earlier case law affirming that victims are not required to wait indefinitely for investigative bodies to act.
The court was sharply critical of delays by Ipoa, noting that investigations remained incomplete more than two years after the events.
“There is no investigation that can be too complex as to take forever,” Justice Mabeya said.
Human rights organisations, including Amnesty International Kenya, the Kenya National Commission on Human Rights and Katiba Institute, supported the case. The KNCHR told the court it had documented more than 100 victims across western Kenya during the protests.
The court also introduced the principle of command responsibility, saying senior police leadership bears accountability for the actions of officers under its authority.
“Here, the subordinates of the 1st respondent ran amok,” the judge said. “They were under his control and direction. They perpetrated heinous acts. Someone has to take responsibility.”
Beyond compensation, the court ordered Ipoa to complete investigations within 90 days and provide updates to victims. It also directed police leadership to develop clearer rules on public order management and use of force during demonstrations.
Justice Mabeya described the case as public interest litigation and made no order on costs.
A mention date was set for July 2026 to confirm compliance with the court’s directives.