Can the court order the offender to pay you compensation?
Criminal Procedure Code; Victim Protection Act, 2014 · sources read 4 Oct 2026
Yes. When it convicts someone, the court can order them to pay you what you could win as damages in a civil case, and a victim has a right to compensation for things like lost money, damaged property, injury, and medical and transport costs.
- Deadline
- A compensation order under the Criminal Procedure Code does not take effect until the time to appeal has passed, or until any appeal is decided.
- Where
- The court handling the criminal case; the Victim Protection Board (Office of the Attorney General) once there is a court compensation order
Steps
- If the accused is convicted, the court can order them to pay you compensation as part of the judgment. Tell the prosecutor and the court about your losses.
- Under the Victim Protection Act, the court can add a compensation or restitution order on top of any other penalty, covering property damage, medical costs and court-related transport and living costs.
- If the offender does not pay, the order can be enforced like a judgment in a civil case.
- The Victim Protection Board (Office of the Attorney General) can pay compensation, but only after a court has made a compensation order following a guilty finding.
Watch out
- The court will not make the order if the amount is more than it can award in a civil case, or if the evidence on the amount is too complex or too thin. You can then go to a civil court.
- If the court orders both a fine and compensation, collecting the compensation comes first.
- A compensation order under the Victim Protection Act does not stop you from also filing a civil case.
Who this covers
- The person the offender owes a civil liability to because of the crime (the 'injured party'), usually the complainant.
- A victim of an offence, for lost money, lost or damaged property, personal injury, medical or counselling costs, and transport and accommodation costs.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- The Victim Protection Act, 2014 (No. 17 of 2014), Kenya Gazette Supplement No. 143 probation.go.ke · read 4 Oct 2026
- Compensation of Victims of Crime statelaw.go.ke · read 2 Oct 2026