Professor Makau Mutua, Senior Advisor to President William Ruto on Constitutional Affairs and chairperson of the Panel of Experts on Compensation of Victims of Demonstrations and Protests, criticised what he perceives as a betrayal of justice for victims of Kenya’s recent demonstrations.

In a post on X, on September 15, 2025, Mutua stated, “FOLKS, some of whom I consider comrades, are using formalistic, procedural arguments and aligning with the forces of DARKNESS to defeat SUBSTANTIVE justice for victims. I thought we all agreed aeons ago that law is politics. This is why Kenya’s LEFT may never capture power.”

Mutua earlier expressed disappointment with individuals, including some leftist allies, whom he believes are prioritising legal technicalities over delivering meaningful justice.

He described the phrase “forces of DARKNESS” as a condemnation of those obstructing progress, possibly referring to political opponents or factions within the United Opposition.

Mutua emphasised that “law is politics,” a perspective he has articulated in his 2002 book, Human Rights: A Political and Cultural Critique, noting that legal frameworks are often shaped by political interests rather than neutral principles.

Compensation panel critique

Mutua reiterated his critique of the United Opposition, referencing earlier remarks on September 11, 2025, when he accused them of hypocrisy over the government’s compensation initiative.

“I think there are individuals who are trying to turn what we are doing into a political football. For the last two years, since these demos began, there has been a national consensus across the country that victims must be compensated,” he said.

Mutua also defended President Ruto, noting that the compensation panel, launched on September 4, 2025, at the Kenyatta International Convention Centre (KICC), is a response to public demands.

He described the initiative as a “historic, unprecedented, and bold step” aimed at “cooling down temperatures in the country” following years of violence.

Call for transparency

The panel, co-chaired by Law Society of Kenya President Faith Odhiambo, faces legal hurdles, including a High Court suspension issued on September 8, 2025, in Kerugoya.

It is worth noting that Faith Odhiambo had clarified her role in Ruto’s protest victims panel amid the court order.

Amid documented deaths—over 180 since 2017, including 63 in 2024 and 38 this year, according to Amnesty International and the Kenya National Commission on Human Rights—families attending the KICC launch demanded transparency, while lawyer Gitobu Imanyara labelled the initiative a diversion.