Makau Mutua defends protest victim compensation plan after Kalonzo’s critism
By Mustafa Juma, August 9, 2025Legal scholar and President William Ruto’s advisor, Makau Mutua, has 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 argues that Kalonzo and Wamalwa are wrong to claim that such a mechanism could not be set up by the Government of Kenya.
He 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.
Mutua slams Kalonzo and Wamalwa
Mutua further urged Kalonzo and Wamalwa to abandon what he termed “cheap and toxic politics” and instead support the government’s “noble efforts” to heal the nation and respond to the needs of victims and their families.
“As we know, the apartheid era was marked by the most unspeakable abuses and human rights violations meted out especially on Black Africans. I suggest that my two learnt brothers—Mr Musyoka and Mr Wamalwa—find a better argument to oppose our noble efforts to heal the nation or exercise their conscience and join us in the only viable path for responding to the victims, their families, and loved ones. Not everything must be subjected to cheap and toxic politics,” he stated.
Mutua has since promised to serve with excellence following his appointment to head the government’s new framework to compensate victims of protests.
Kalonzo’s criticism
Kalonzo has openly rejected the government’s framework for compensating the victims of protests dating back to 2017, calling into question the credibility and impartiality of the process.
Speaking during a press conference on Saturday, August 9, 2025, he insisted that the Kenya National Commission on Human Rights (KNCHR) should take charge of the compensation, accusing the Executive of bias and lack of trustworthiness.
Kalonzo, together with Wamalwa, expressed doubts about the involvement of Makau Mutua in the compensation plan, demanding his immediate suspension.
The opposition leaders argue that the current framework lacks transparency and a clear legal foundation.
“Through the shoot-to-kill and shoot-in-the-leg orders, can they be the ones responsible for redress and compensation of their own victims of police brutality? A wolf cannot decide the matters of the cow. Fisi hawezi kusimamia kesi ya mbuzi,” Kalonzo stated.