Lilian Nyiva
Former Chief Justice David Maraga has criticized the practice of compensating victims of rights violations without holding those responsible personally accountable. Speaking on June 10, 2026, Maraga argued that monetary compensation alone does not deliver justice if public officials who violate constitutional rights face no consequences for their actions.
“If you allow this – that you can trample upon the rights of somebody, give him a few shillings and life continues, and particularly when the Sh50 million is not coming from the pockets of the senators themselves… what is the effect?” Maraga posed.
Push for Personal Responsibility
Maraga questioned the effectiveness of compensation funded by taxpayers rather than by those found responsible for rights violations. He warned that such an arrangement could encourage continued abuse of power by public officials who know they will not be personally held liable.
According to the former Chief Justice, accountability is a crucial component of justice and serves as a deterrent against future violations.
Constitutional Rights Must Be Protected
Maraga emphasized the importance of safeguarding constitutional rights and ensuring that state officers respect the rule of law. He noted that financial settlements should not replace disciplinary, administrative, or legal action against individuals who infringe on citizens' rights.
He argued that failure to punish offenders could create a culture of impunity within public institutions.
Debate on Justice and Governance
The remarks come amid broader discussions on accountability in government and the enforcement of constitutional protections. Legal experts and human rights advocates have often maintained that compensation for victims should be accompanied by measures that address the conduct of those responsible.
Maraga's comments highlight concerns that public funds may be used to settle claims arising from official misconduct while leaving the perpetrators untouched.
