Lilian Nyiva
The Chairperson of the Kenya National Commission on Human Rights (KNCHR), Claris Ogangah, has clarified that not all reported cases of alleged human rights violations qualify for compensation, noting that some incidents involved criminal acts committed by individual police officers and private citizens.
Speaking in response to concerns raised before President William Ruto, Ogangah emphasized that each reported case undergoes assessment to determine whether it meets the legal threshold for compensation under existing laws and policies.
Distinction Between Human Rights Violations and Criminal Acts
Ogangah explained that while KNCHR documents and investigates reports of abuses, some cases involve criminal conduct by individuals rather than actions directly attributable to the State. She noted that such cases are typically handled through the criminal justice system, where perpetrators are investigated and prosecuted.
According to the KNCHR chairperson, compensation mechanisms are generally applied in cases where there is sufficient evidence linking violations to State agencies or where legal provisions provide for restitution to victims.
Need for Case-by-Case Evaluation
The commission stressed that compensation decisions cannot be made collectively for all reported incidents. Instead, every complaint must be reviewed individually to establish the facts, determine responsibility, and assess the appropriate remedies available to victims.
Ogangah said this process helps ensure accountability while safeguarding the integrity of compensation programmes intended for victims of verified human rights violations.
KNCHR's Role
The Kenya National Commission on Human Rights is mandated to promote and protect human rights in the country. The commission receives complaints, conducts investigations, monitors alleged violations, and makes recommendations to relevant authorities.
The remarks come amid ongoing discussions on accountability, justice for victims, and the government's response to reported cases of abuse and misconduct by both state and non-state actors.
Calls for Accountability
Human rights stakeholders have continued to call for thorough investigations into all reported violations, regardless of the identity of the perpetrators. They argue that victims deserve access to justice, while those found responsible should face appropriate legal action.
KNCHR maintains that while compensation may be available in some cases, criminal acts committed by individual officers or civilians must also be addressed through prosecution and other legal remedies to ensure justice is served.
