A heated exchange has erupted between legal scholar Prof. Makau Mutua and former Attorney General and Cabinet Secretary Justin Muturi over the government’s plan to compensate victims of the 2023 anti-government protests.
Muturi, who has become one of the fiercest critics of the Kenya Kwanza administration since leaving office, dismissed the newly formed compensation committee led by Mutua as unnecessary. Taking to X (formerly Twitter), Muturi argued that the Victims Protection Act of 2014 already provides sufficient legal grounds for payouts to victims.
“With regard to the Makau Mutua-led outfit, I would like to state that all that is needed is the full implementation of the Victim Protection Act, 2014,” Muturi posted. “We don’t need any new legislation, as the joint PG is saying. Just Google that Act and you will see it has enough provisions to cater for victims of crimes.”
But Mutua swiftly shot back, questioning whether Muturi had read the law in full. According to him, while the Act recognizes the rights of victims, it does not adequately address state-led compensation for those injured or killed during political protests.
“I don’t think you’ve read the Victim Protection Act. If you had, you would know that it’s not viable for the initiative the President announced,” Mutua countered. He insisted that a review of the Act was necessary for protest victims to fully realize their rights.
The Victims Protection Act indeed provides for restitution, stating in Section 23(1) that victims are entitled to compensation from offenders. However, critics argue that in cases where state actors are involved, implementing the law becomes complex, hence the push for a new framework.
On August 8, President William Ruto appointed Prof. Mutua to head the compensation committee, which has 120 days to deliver its report. The plan stems from the National Dialogue Committee (NADCO), which recommended a fund to assist victims of the 2023 Azimio-led protests.
With a fresh wave of demonstrations in mid-2025 reigniting debate, human rights groups and victims’ families have amplified calls for compensation. The dispute between Muturi and Mutua underscores the legal and political hurdles facing the initiative as the clock ticks on the committee’s mandate.
