Former Law Society of Kenya (LSK) President Nelson Havi has raised alarm over what he terms as attempts to divert the compensation of human rights victims away from the constitutionally mandated body, warning Kenyans to be vigilant.

In a strongly worded statement posted on his X account on Tuesday, September 9, 2025, Havi reminded the public that the responsibility for handling compensation of victims lies squarely with the Kenya National Human Rights and Equality Commission (KNHREC), as laid out in the Constitution and supporting legislation.

“Human rights victims’ compensation is a function of the Kenya National Human Rights and Equality Commission under Article 59 of CoK, and Section 41 of the Kenya National Human Rights Act,” Havi stated.

He cautioned that any efforts to shift this mandate elsewhere were not only unconstitutional but also schemes to rob Kenyans of resources meant for justice and restitution.

“Anything outside that framework is a scheme to steal from Kenyans,” he declared, making clear his stance against any parallel arrangements.

Upholding the Constitution

Havi’s remarks come at a time of heightened debate on how best to ensure victims of human rights abuses receive justice and fair compensation. His intervention underscores the importance of constitutional order in managing sensitive issues that affect rights and freedoms.

Article 59 of the Constitution establishes the Kenya National Human Rights and Equality Commission as the primary body for addressing violations and ensuring accountability. According to Havi, bypassing this framework undermines not only the law but also the integrity of efforts to secure justice for victims.

Guarding against exploitation

The former LSK boss, known for his strong defence of constitutionalism, stressed that justice processes should never be manipulated for personal or political gain. By terming unauthorised compensation avenues as theft, Havi highlighted the risk of vulnerable victims being exploited while public resources are siphoned off.

His warning resonates in a country where public concern about corruption and misuse of funds remains high. For Havi, the message was clear: safeguards exist in the law, and straying from them only opens the door for abuse.

As Kenya continues to grapple with questions of accountability for past and present human rights violations, Havi’s caution reinforces the urgency of establishing transparent, lawful, and accountable compensation mechanisms that genuinely serve victims rather than opportunists.