President William Ruto’s advisor on constitutional affairs, Makau Mutua, has blasted the country’s political and legal elites, accusing them of blocking government compensation for protest victims.
Mutua described the move as cynical and heartless, saying it exposed the greed and hypocrisy of the wealthy and powerful in society.
“Why would rich, wealthy, and powerful politicians and greedy lawyers fight so hard to deny victims of protests and riots compensation from the state?” he asked.
He said victims who had suffered loss of life, injury, and destruction of property during demonstrations deserved justice from the government.
He noted, a section of the political class and their allies in the legal fraternity were working to frustrate efforts aimed at ensuring state responsibility.
“The cynicism, callousness, and hypocrisy of Kenya’s elites is truly galling. Shame on them!” He added.
The panel, chaired by Professor Mutua with Law Society of Kenya president Faith Odhiambo as vice-chair, was sworn in on September 4.
It was given 120 days to create a framework to identify, verify and compensate victims using official records and consultations with families, civil society groups and state agencies, including Ipoa and KNCHR.
The Panel of Experts on Compensation of Victims of Demonstrations and Public Protests has asked the High Court in Kerugoya to lift conservatory orders that halted its work only days after it was constituted.
On September 8, Justice Dennis Magare Kizito issued the orders following a petition filed by Nairobi lawyer Levi Munyeri.
The ruling temporarily suspended the government’s scheme to compensate victims of protest-related violence dating from 2017 to 2025.
The judge cautioned that defying the order would amount to contempt of court, attracting penal sanctions.
Mutua had earlier said, the panel of experts on protest victims' compensation will propose legislative reform to address a lacuna in the handling of protests.
He said the panel, in addition to compensation, will suggest legislative changes to “bring to life the scope of Article 37”.
The article grants every person the right to peacefully and unarmed assemble, demonstrate, picket and present petitions to public authorities.
“We realised our police have performed very well in Haiti, but we have some challenges with the police here," Mutua said..
"We, therefore, shall be recommending a reform agenda for the police to change the culture of policing so that when the police and demonstrators come into conflict, the outcomes we saw in the last year and a half do not happen."
He said they will also, where necessary, be recommending prosecution of police officers who acted in excess of their powers.
Mutua said the exercise will help open a new chapter in the culture of policing to enhance and protect democracy.
Despite the panel being challenged in court, he told the envoys that he expects the team to conclude its mandate during the period.
