NAIROBI, Kenya — Amnesty International Kenya has welcomed the Kenya National Commission on Human Rights (KNCHR) Framework for Reparations for Victims of Human Rights Violations, describing it as a major step towards addressing decades of injustice but warning that its success will depend on implementation and accountability.
In a statement issued on Thursday, Amnesty said the framework provides a long-awaited pathway for victims of unlawful killings, torture, enforced disappearances, sexual violence, and arbitrary arrests to seek recognition and redress.
The rights organisation said victims have, for years, carried the consequences of abuses without adequate acknowledgement, remedies, or accountability from the State.
“The framework offers a long overdue opportunity to confront these injustices through a victim-centred, rights-based programme,” Amnesty International Kenya said.
The organisation noted that several proposals it submitted in April 2026 had been reflected in the KNCHR framework, including the recognition of reparations as an independent right that should not depend on the conclusion of criminal, disciplinary, or civil proceedings.
Amnesty said victims should not be forced to wait for lengthy court processes before accessing support.
Calls for apology and victim participation
The organisation welcomed recommendations for a formal public apology, saying it should clearly acknowledge State responsibility and the suffering of victims.
However, Amnesty said an apology must be accompanied by guarantees of non-repetition, including reforms aimed at preventing future violations.
The framework’s emphasis on victim participation was also welcomed, with Amnesty saying affected communities must be treated as rights-holders who participate in designing, implementing, and monitoring reparations programmes.
The organisation further supported calls to review and terminate criminal cases against human rights defenders and protesters, particularly those facing terrorism-related charges linked to exercising constitutional freedoms.
Amnesty cited Article 37 of the Constitution of Kenya, which protects the right to assemble, demonstrate, picket, and present petitions to public authorities.
“Reparations cannot coexist with the continued criminalization of peaceful assembly and dissent,” the organisation said.
Memorialisation and missing persons
Amnesty said recognition of memorialisation as part of reparations was critical in preventing denial and repetition of human rights abuses.
The organisation also backed recommendations addressing missing persons and enforced disappearances, including the enactment of specific legislation and ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.
It said reducing evidentiary barriers for victims would improve access to justice, particularly for survivors who may lack official documentation of violations.
The framework’s proposal for minimum compensation categories was also welcomed, although Amnesty said awards should consider individual circumstances and the severity of harm suffered.
Accountability remains a key challenge
Despite welcoming the framework, Amnesty warned that reparations alone cannot deliver full justice without investigations and prosecutions of alleged perpetrators.
The organisation raised concerns over what it described as limited accountability for police and security agencies following deaths during demonstrations between 2024 and 2026.
“Victims and families deserve more than financial redress; they deserve truth, accountability, and justice,” Amnesty said.
The organisation urged the government to establish a Reparations Fund, enact comprehensive reparations legislation, adopt a National Reparations Policy, and provide adequate resources to support victims.
The debate comes as Kenya continues to face scrutiny over responses to public demonstrations, policing standards, and protection of constitutional freedoms.
Amnesty said the publication of the KNCHR framework represents important recognition of victims’ rights, but warned that meaningful justice will require both compensation and measures to ensure perpetrators are held accountable.
“Reparations must proceed alongside urgent efforts to investigate, prosecute, and hold perpetrators accountable, ensuring such violations never happen again,” the organisation said.
