Willis Otieno says govt shielding police from accountability in protest victims compensation plan
By Nancy Marende, September 9, 2025Lawyer Willis Otieno has criticised the government over its approach to compensating victims of recent protests, accusing it of shifting blame away from security agencies.
In a statement on Monday, September 8, 2025, Otieno argued that the framing of victims as casualties of “protests” rather than victims of “state violence” was a deliberate move to absolve police officers of responsibility.
“By framing victims as products of protests rather than state violence, the government is deliberately displacing liability from the police to the protests. It is a textbook case of linguistic engineering to shield the state from accountability,” he said.
Otieno further noted that the Constitution, under Article 21(1), places the duty to respect, protect, and fulfil rights squarely on the State.
Panel of experts
His remarks come a few days after the newly formed Panel of Experts on the Compensation of Victims of Protests and Riots was officially sworn in at the Kenyatta International Convention Centre (KICC).
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The ceremony, held on Thursday, September 4, 2025, saw Constitutional Advisor Professor Makau Mutua take the oath of office as chairperson of the panel, alongside Faith Odhiambo, the president of the Law Society of Kenya (LSK).
Other members include Kennedy N. Ogeto, Irungu Houghton, John Olukuru, Kennedy Barasa Simiyu, Linda Musumba, Duncan Ojwang’, Naini Lankas, Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abass, and Raphael Anampiu.
The technical team is led by Richard Barno, supported by Duncan A. Okelo Ndeda as co-technical lead. Jerusah Mwaathime Michael and Raphael Ng’etich serve as joint secretaries.
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The swearing-in comes a week after President William Ruto appointed the 15-member Panel of Experts tasked with fast-tracking the compensation of victims of public protests since 2017.
The announcement was made through a Gazette Notice issued by the State House on Tuesday, August 26, 2025.
“The panel will ensure that every victim receives timely and fair compensation, while also addressing accountability where necessary,” Ruto said in the Gazette Notice.
The panel will design and implement an operational framework to verify, categorise, and support eligible victims.
It will engage with families, civil society organisations, faith-based institutions, and relevant state agencies to ensure transparency, fairness, and inclusivity throughout the process.
Mandate and accountability
The panel’s mandate includes authenticating data from authoritative sources such as the Independent Policing Oversight Authority (IPOA), the Kenya National Commission on Human Rights (KNCHR), the National Police Service, and the Ministry of Health.
“We will work closely with all stakeholders to ensure that no victim is left behind,” Faith Odhiambo said, reflecting her commitment to a fair and inclusive process.
Based on verified evidence, the panel may recommend reparations, prosecutions, or other accountability measures to the Office of the Director of Public Prosecutions (ODPP).
The experts are also expected to propose institutional and legislative reforms to enhance the management of protests and improve the policing culture in the country.
The panel will serve for 120 days from the date of appointment, or as extended by the Kenya Gazette, and submit periodic progress reports and a final report to the President.