Half justice; former Chief Justice Maraga says compensating without arrests is incomplete

Former Chief Justice David Maraga has heavily criticized the government’s Sh2 billion reparations program for victims of police brutality, calling it a “half measure” designed to whitewash criminal acts rather than enforce accountability.

Maraga pointed out that zero arrests have been made regarding the recent police killings and abductions.

He dismissed claims that criminal justice would be pursued later, asking, “How can we talk about criminal justice coming later when we don’t know even whether those people have been arrested?”

Maraga argued that compensation should be independently arbitrated by neutral courts, rather than managed directly by the Executive branch, the very entity implicated in the violence.

The retired judiciary boss emphasized that failing to convict guilty officers leaves ordinary citizens vulnerable.

“The whole purpose of prosecution and sentencing is deterrence. Today it is Wanjiku. Tomorrow it could be you,” he warned.

Maraga reminded law enforcement that firearms are strictly a last resort under the law, questioning whether officers faced any grave danger that justified the fatal actions under review.

Maraga’s remarks arrive as the State prepares to begin disbursing funds next week to over 1,000 victims of human rights abuses.

The mass payout follows a formal report submitted to President William Ruto by the Kenya National Commission on Human Rights (KNCHR) on Monday.

While the Treasury allocated Sh2 billion for these claims in the 2025/2026 supplementary budget, legal experts and civil society groups maintain that financial compensation without criminal prosecution fails the constitutional threshold of true justice

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