Kibwana challenges Makau Mutua to cite law on protest victim compensation
By Mustafa Juma, August 10, 2025Former Makueni Governor Kivutha Kibwana has pressed legal scholar and President William Ruto’s adviser, Makau Mutua, to clarify the legal basis for the government’s proposed compensation mechanism for victims of protests and riots.
Taking to his official X account on the night of Saturday, August 9, 2025, while directly responding to Mutua’s defence of the plan, Kibwana drew a comparison to South Africa’s Truth and Reconciliation Commission (TRC), which was created under a specific law — The Promotion of National Unity and Reconciliation Act, No. 34 of 1995.
Legal framework
He questioned which Kenyan statute would provide a similar legal framework for the proposed compensation plan.
“Prof. @makaumutua, the South African Truth & Reconciliation Commission was established via The Promotion of National Unity and Reconciliation Act, No. 34 of 1995. What is Kenya’s law for the ‘compensation mechanism for victims of protests and riots’?” Kibwana stated.
Mutua defends compensation
Makau Mutua had strongly defended the government’s proposal to establish a compensation mechanism for victims of protests and riots.
Taking to his official X account on the night of Saturday, August 9, 2025, Mutua dismissed criticism from Wiper Patriotic Front leader Kalonzo Musyoka and his Democratic Action Party of Kenya (DAP–K) counterpart Eugene Wamalwa.
Mutua argued that Kalonzo and Wamalwa are wrong to claim that such a mechanism could not be set up by the Government of Kenya.
He also argued that transitional justice initiatives are routinely implemented by governments around the world to address historical injustices and heal national wounds.
“I have seen a statement by my friends @skmusyoka and @EugeneLWamalwa claiming that the Government of Kenya cannot establish a compensation mechanism for victims of protests and riots. They couldn’t be more wrong. Transitional justice mechanisms are always done by governments. The most famous of these was the South African Truth and Reconciliation Commission (TRC). The TRC was set up by the Government of National Unity to help deal with what happened under apartheid,” Mutua stated.
He explained that the TRC, established by South Africa’s Government of National Unity, was instrumental in confronting atrocities committed under apartheid, which included gross human rights violations against Black South Africans.