President William Ruto’s Senior Adviser of Constitutional Affairs, Makau Mutua/FILE
Senior Adviser on Constitutional Affairs to President of
Kenya, Makau Mutua, has defended the government’s proposal to establish a
compensation mechanism for victims of protests and riots, dismissing claims by
opposition leaders Kalonzo Musyoka and Eugene Wamalwa that such a plan is not
possible.
In a statement, Mutua said the two leaders were wrong to
suggest the government cannot set up such a framework, citing global examples
of transitional justice.
“Transitional justice mechanisms are always done by
governments. The most famous of these was the South African Truth and
Reconciliation Commission (TRC),” he said.
Mutua noted that the TRC was established by the Government
of National Unity to address atrocities committed under apartheid, which he
described as the most unspeakable abuses and human rights violations meted out
especially on Black Africans.
He urged Musyoka and Wamalwa to find a better argument to
oppose the noble efforts to heal the nation.
He added that they could alternatively join in the only
viable path for responding to the victims, their families, and loved ones, insisting
that not everything should be subjected to cheap politics.
“Not everything must be subjected to cheap and toxic
politics,” Mutua added.
His remarks came after the two opposition leaders said the
framework led by Mutua was unconstitutional and against the spirit of natural
justice.
“After 3 years of abductions, enforced disappearances and
extrajudicial killings of our youth, a compensation framework is suddenly set
up to try and appease the grieving families in total violation of our
constitution and principles of Natural Justice,” Wamalwa said.
President William Samoei Ruto on August 8 announced the
establishment of the national framework to coordinate compensation for victims
of demonstrations and public protests held since 2017.
The initiative, unveiled through a presidential proclamation
issued on August 8, 2025, will provide reparations for civilians and security
personnel who suffered bodily harm or lost their lives during protests and
riots.
The new framework will operate under the Executive Office of
the President and will be implemented in collaboration with the Office of the
Attorney General, the Ministry of Interior and National Administration, the
National Treasury, and other relevant government agencies.
“There is compelling national interest in establishing a
framework for accountability, redress and reparations for victims of
demonstrations and public protests,” Ruto said.
