Panel to compensate protest victims to be announced this week, Makau Mutua says

Members of a panel tasked with compensating victims of protests against the government will be announced this week, Professor Makau Mutua, who serves as President William Ruto’s advisor on Constitutional Affairs, has announced.

Mutua, who was named by Ruto as the Principal Coordinator of the State Intervention and Compensation Framework, revealed this during the Kenya Kwanza and Orange Democratic Movement Party Parliamentary Group Meeting on Monday in Nairobi, where he said Ruto’s move to formulate the framework was unprecedented and historic in the area of transitional justice.

“I expect that we shall be announcing the panel at the end of this week. The panel we intend to create will recommend a victim recommendation framework, targeting amendments to the victims’ compensation law that is not operational right now and not viable for this effort,” said Mutua.

He went further to note that the objective of compensation is to show the country that protests should be safer and well-managed so that the outcomes are different and not deadly to the people.

“Compensation for is just one pillar of justice. There are other pillars, like courts, where matters can be heard. We shall make recommendations to the ODPP where necessary,” said Mutua.

According to Mutua, this process does not assign any collective blame, and hence it is evidence-led.

His clarification comes even as human rights lobbies have demanded more than compensation, arguing that the framework cannot be domiciled at the Office of the President, which is accused of perpetuating brutality against protesters.

However, compensation for human rights violations cannot be handled by the same executive branch responsible for those violations. For example, it remains unclear what criteria the Prof Makau Mutua-led committee will use to assess compensation.

Human rights lawyer Gitobu Imanyara wants the matter of such compensation to be determined by the Judiciary, arguing that it is the reason the office of the Attorney General exists.

“It should not be handled by the Office of the President, given that it is that office which is responsible for the abuses. It is like killing young people and then offering to pay them. There is no legal framework backing the Makau Mutua committee,” argued Imanyara.

Mutua last week defended Ruto and his broad-based co-principal, Raila Odinga, saying, “They are only doing the right and noble thing for the victims, their families, and loved ones.

“Raila Odinga has led numerous protests (mass actions) between 2005 and 2023, often issuing what he termed “irreducible minimums” that the government had to meet.

These protests typically subsided once a consensus was reached to form ad hoc committees tasked with developing legislative frameworks.

The deadliest of these was the 2007 post-election violence, which led to the deaths and displacement of thousands. The violence ended after then-President Mwai Kibaki agreed to form a Grand Coalition Government, appointing Raila as Prime Minister.

The formation of Professor Mutua’s compensation panel has received mixed reactions from political players and the Gen Z youth.

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While the political class has lauded the move, many youth view it as a government attempt to appease them after falling out with the demographic during the anti-Finance Bill protests of June 2024—largely led by Gen Z.

Opposition leaders Kalonzo Musyoka and Eugene Wamalwa insist that the Kenya National Commission on Human Rights (KNCHR) should oversee the compensation process, arguing that the Executive, which they blame for the killings, cannot be trusted to administer justice fairly.

Former Deputy President Rigathi Gachagua has also joined opposition leaders in demanding compensation for families affected by the 2023 Azimio and 2024–2025 Gen Z protests.

They are calling for a transparent process with a clear roadmap, including the formation of an inclusive committee to determine who should be compensated and how much.

“We will make sure that these Kenyans are compensated. By the way, there is no budgetary allocation. You cannot just wake up and say you will compensate Kenyans Sh100,000. The amount must be punitive, including holding those who committed these atrocities accountable,” Kalonzo stated.

Mutua, defending the government and citing global examples of transitional justice, such as South Africa’s Truth and Reconciliation Commission (TRC).

“They hate the President so much that they would rather deny victims and their families recompense to ease their pain and bring a measure of justice. This is playing cruel politics with our vulnerable citizens,” Mutua noted.