Makau Mutua openly disagrees with Kalonzo’s stance on compensation
By Lutta Njomo, August 9, 2025President William Ruto’s Senior Advisor on Constitutional Affairs and Human Rights, Makau Mutua, on Saturday, August 9, 2025, differed with opposition leaders Kalonzo Musyoka and Eugene Wamalwa, who registered the reservations, insisting that the Executive cannot be trusted to oversee the compensation of protest victims.
In a lengthy statement, Mutua explained that, contrary to Kalonzo and Wamalwa’s stance that the government cannot be impartial in the compensation plan, he insisted that transitional justice mechanisms are always handled by governments.
Mutua, who was appointed by Ruto to lead the team, cited the South African Truth and Reconciliation Commission (TRC), which he maintained was set up to tackle what transpired under apartheid rule.
“I have seen a statement by my friends Kalonzo Musyoka and Eugene Wamalwa claiming that the Government of Kenya cannot establish a compensation mechanism for victims of protests and riots. They couldn’t be more wrong. Transitional justice mechanisms are always done by governments,” Mutua’s statement read in part.
“The most famous of these was the South African Truth and Reconciliation Commission (TRC). The TRC was set up by the Government of National Unity to help deal with what happened under apartheid. As we know, the apartheid era was marked by the most unspeakable abuses and human rights violations meted out especially on Black Africans,” he affirmed.
The South African Truth and Reconciliation Commission was a court-like restorative justice body established in 1996 to investigate human rights violations during the apartheid era and offer amnesty to perpetrators.
It was a key part of South Africa’s transition to democracy, aiming to address past abuses and foster reconciliation.
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While defending the framework established by a presidential proclamation, Makau Mutua challenged Kalonzo and Wamalwa to join hands in responding to the victims
“I suggest that my two learned brothers — Mr Musyoka and Mr Wamalwa — find a better argument to oppose our noble efforts to heal the nation, or exercise their conscience and join us in the only viable path for responding to the victims, their families, and loved ones. Not everything must be subjected to cheap and toxic politics,” Mutua emphasised.
Kalonzo’s reservations
While opposing the presidential proclamation and the appointment of Makau Mutua, Kalonzo opined that the Kenya National Commission on Human Rights (KNCHR) should oversee the process.
The opposition, which has been vocal in advocating for compensation, said the government is responsible and cannot be trusted to oversee the exercise.
“Through the shoot-to-kill and shoot-in-the-leg orders, can they be the ones responsible for redress and compensation of their own victims of police brutality? A wolf cannot decide the matters of cow crow. Fisi hawezi kusimamia kesi ya mbuzi,” Kalonzo told the press on Saturday, August 9, 2025.
The opposition demanded a process with a clear roadmap that seeks to create an inclusive committee that will collect views on how much and who are to be compensated.