Makau Mutua: compensation was never meant to replace accountability
By Sharon Atieno, June 20, 2026Professor Makau Mutua has defended the government-backed compensation programme for victims of human rights violations, dismissing claims that the initiative was designed to replace accountability or shield perpetrators from prosecution.
Speaking in his X account on Saturday, June 20,2026, Mutua said critics attacking the compensation programme were distorting the purpose of the initiative, insisting that neither the Panel of Experts on Compensation nor the Executive had ever suggested that financial compensation was a substitute for justice.
“No one associated with the Panel of Experts on Compensation or the Executive has EVER said that compensation is a do-all and be-all or that it’s a substitute for accountability or prosecutions,” Mutua stated.
Mutua Dismisses Critics
The constitutional scholar argued that criticism suggesting compensation would replace accountability had become repetitive and lacked substance, accusing opponents of recycling old arguments instead of engaging with the facts surrounding the programme.
“This is a tired line by minds that have exhausted their creative cycle,” he added.
His remarks come barely days after the government unveiled a Ksh2 billion compensation programme targeting victims of human rights violations committed between 2013 and 2025, including those affected during protests and demonstrations.
KSh2 Billion Compensation Programme Unveiled
According to the Kenya National Commission on Human Rights-guided Panel of Experts on Compensation, the programme was established under Presidential Proclamation Number 1 of 2026 and seeks to provide timely, fair and transparent redress to affected victims.
“With a parliamentary appropriation of Ksh2 billion, the Panel is committed to providing timely, fair and transparent redress initially to those affected between 2013 and 2025,” the panel said in its statement.
Justice Process Still Remains Separate
The panel has maintained that compensation does not in any way interfere with ongoing legal or institutional accountability mechanisms dealing with human rights abuses.
Eligible beneficiaries include civilians and security officers who suffered physical injuries, fatalities, sexual violence, psychological trauma or economic losses, with families of victims killed set to receive a minimum of Ksh3 million under the compensation framework.
The programme prioritises vulnerable groups including children, persons with disabilities, pregnant women and elderly victims affected during the review period.