Makau Mutua defends Ruto’s move to establish protest victims compensation mechanism
By Nancy Marende, August 10, 2025Legal scholar Makau Mutua has come out in defence of President William Ruto’s move to establish a compensation mechanism for victims of protests and riots, saying the move is both lawful and justified.
This is after former Makueni Governor Kivutha Kibwana, on Sunday, August 10, 2025, questioned which Kenyan statute would provide a similar legal framework for the proposed compensation plan.
In a statement on 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.
“Prof. Makau Mutua, 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?” he posed.
In his response, Mutua accused Kibwana of clinging to “empty legal formalism” at the expense of substantive justice.
“Prof, you know very well that empty legal formalism has historically been the death knell of substantive justice. Don’t hide behind the form to fight a noble idea simply because you are beefing with the government. It’s perfectly fine for the executive to take certain actions through proclamations or executive orders,” he stated.
“It’s done in every democracy, including the United States, from which Kenya borrowed the 2010 constitution,” he added.
Scheme’s framework
This comes after President Ruto established a special coordinating framework led by Mutua to compensate victims of violent demonstrations and public protests that have occurred since 2017.
The Framework for Compensation of Victims of Demonstrations and Public Protests aims to provide redress and reparations for both civilians and security personnel who have lost their lives or suffered bodily harm.
According to the proclamation, the initiative stems from a “compelling national interest in establishing a framework for accountability.”
It acknowledges that since the promulgation of the 2010 Constitution, expanded democratic freedoms have led to demonstrations, “some of which regrettably have turned violent.”
Key directives from the proclamation include:
The President’s office will discharge this mandate in collaboration with the Office of the Attorney General, the Ministry of Interior & National Administration, the National Treasury, and other relevant state agencies.
Establishment of a coordinating framework for compensation, which will be vested under the Executive Office of the President.
Professor Makau Mutua, in his capacity as Senior Advisor on Constitutional Affairs and Human Rights, has been designated to lead the framework.