By Kepher Otieno - Reporter
Kenya, 16 June 2026 - Siaya Governor and veteran constitutional lawyer James Orengo has sharply criticised a proposed government framework to compensate victims of protest-related deaths and injuries, arguing that financial reparations cannot replace accountability for human rights violations.
In a statement released on Monday, Orengo said the proposed compensation package, reportedly allocating billions of shillings to victims of police brutality and families of those killed during demonstrations, risks reducing constitutional rights and human life to a monetary calculation.
"The sanctity of human life and dignity cannot be reduced to a predetermined monetary figure," Orengo said, warning that the proposal could create a dangerous precedent in which state violence is normalised rather than prevented.
The remarks come as Kenya prepares to mark the second anniversary of the June 2024 Gen Z protests, a youth-led movement that emerged in opposition to tax increases and later evolved into a broader campaign against corruption, economic hardship and governance failures.
The demonstrations culminated in unprecedented scenes on June 25, 2024, when protesters breached Parliament buildings in Nairobi, prompting a forceful security response that left dozens dead and many others injured, according to human rights organisations.
Successive rights groups, legal bodies and civil society organisations have since demanded independent investigations into the deaths, enforced disappearances and allegations of police brutality linked to the protests.
Orengo argued that the government's latest reparations proposal appears timed to defuse growing public anger ahead of this year's Gen Z memorial events rather than address the underlying issues surrounding the violations.
"The rush to operationalise the framework appears to be an attempt to manage public outrage over deaths and injuries associated with demonstrations rather than confront the causes of those violations," he said.
At the centre of the controversy is a recommendation that families of individuals killed during demonstrations receive a minimum compensation of KSh 2.5 million. While acknowledging that victims deserve support and redress, Orengo said compensation should never become a substitute for justice.
"The State should not be permitted to treat compensation as a replacement for accountability. Before any compensation is awarded, there must be proper investigations, identification of perpetrators, prosecution where criminal conduct is established and reforms to prevent recurrence," he said.
According to Orengo, a constitutional democracy is founded on the protection of rights, not the pricing of rights after they have been violated.
"A constitutional democracy cannot operate on the basis that rights may be violated today and compensated tomorrow. Rights are intended to be protected, not priced," he said.
The governor further warned that assigning a fixed value to lives lost during demonstrations risks sending the wrong signal to security agencies and future governments.
He said the proposal could create a perception that unlawful killings can be resolved through administrative compensation rather than criminal accountability.
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"What message does this send to the families of victims and to future generations of Kenyans?" Orengo asked.
"Human life is invaluable. By prescribing a standard figure, the Government effectively signals that there is a financial value attached to the unlawful loss of life."
Orengo said many Kenyans fear the framework could institutionalise a culture where the consequences of excessive force are treated as financial liabilities rather than constitutional failures.
"The concern among many citizens is that the formula becomes: shoot, kill, compensate and move on. That is not justice. It is merely accounting," he said.
His comments reflect a broader debate unfolding across the country over how Kenya should address abuses linked to public demonstrations.
Human rights advocates have welcomed discussions on reparations but insist that compensation must be accompanied by truth-telling, independent investigations, criminal prosecutions where appropriate and institutional reforms within the security sector.
For families who lost relatives during the protests, the issue extends beyond financial support to questions of responsibility, accountability and guarantees that similar incidents will not occur again.
As pressure mounts ahead of the June 25 commemorations, the government's handling of demands for justice is expected to remain a major political and human rights issue.
"Kenyans do not demand compensation in place of rights," Orengo said.
"They demand protection of those rights in the first instance. Rights are not for sale, human life is not a budget item and constitutional freedoms must never be reduced to a compensation schedule."
Protest Victims Compensation Plan: Orengo Warns Against Placing a ‘Price Tag on Human Life’
Siaya governor says Kenyans must resist the formula of "shoot, kill, compensate and move on".