Prof Mutua should stop irking the victims of protests and their kin

Prof Makau Mutua and I come from a community with a proverbial saying, mutinda na mukundu ndaema ukunduka, loosely translating to, he who enjoys the company of people with skin epidemics, will also get disease-ridden.

Now you know why the good old professor is about to start itching and scratching his shiny head. I have had a lot of respect for Prof Mutua for many reasons. One, because he is my elder brother, and besides that, I looked upon him and the likes of Dr Willy Mutunga as people who walked the straight and non-conformist path in the wilderness of oppression, repression and violations.

As a pioneer leader and an audacious person in human rights sector more so at a time when the country was gloomy with heavy clouds and torrents of despotism, he deserves his accolades. Having had been a forerunner in the crusade for the respect of peoples and human rights, then President late Mwai Kibaki didn’t have to look elsewhere for sound advice on the width and depth of the pain that was troubling Kenya and the antidote.

He was appointed in mid-April 2002 to head the Task Force on establishment of a Truth, Justice and Reconciliation Commission. As a young activist, I was elated, hopeful and my heart was glad. In late August 2003, Mutua handed his report to then Justice Minister Kiraitu Murungi. I was convinced he had done a good job.

Indeed, the good old professor had nailed it and I refer to page 162 of his report, which recommended; “…The task force should use its reading of the public mind, based on its public hearings, to recommend whether or not Kenya should establish a Truth Commission.”

The statement calling for the reading of public mood is so strong that I feel the Professor should listen to his very own words, benefit from his own wisdom and tread forth upon his own caution.

A quick scan of the public mood is that the establishment of a framework for compensation of victims of protests and riots and the appointment of  Mutua as Principal Co-coordinator of the State Intervention and Compensation framework, is dead on arrival; a miscarriage and a stillbirth. Another slap on the face of the victims of protests and riots and their families, and the general cluster of victims and survivors.

Prof Mutua is aware that so many reports, including the report by the Truth Justice and Reconciliation Commission (TJRC), which he midwifed, have many poignant recommendations to look into human rights violations in Kenya between 12th December 1963 and 31st December 2002. The recommendations have been shelved for obvious political and parochial interests. 

Many institutions, including the Kenya Human Rights Commission (KHRC), which, based on his contribution, had him appointed to chair the taskforce and many other organisations, including IMLU, Grace Agenda, Wangu Kanja Foundation, Haki Afrika, ICJ and MUHURI have countless documentations and statistics on violations of human rights violations. It is ironic that he has been reappointed as chairperson of KHRC but insiders are against him taking this role of playing Russian roulette with the plights of the victims.

The Kenya National Commission on Human Rights (KNCHR), the principal body charged with promoting and protecting chapter 4 of the Constitution, has countless reports and documentation of human rights violations with recommendations for redress. Equally, other independent institutions like IPOA, NGEC and CAJ have commissioned inquiries and investigations into many violations that occur daily. Again, those cases have not been looked into.

It is therefore ironical that Prof Mutua, knowing this situation is on record defending his position and desire to take up the appointment even when the mood of the country is averse. It calls for understanding as to why the state wants to hurriedly rush to implement a framework for compensation when the investigations are bungled, some matters are in court and some of the victims are still missing.

We know the 2027 elections are near and that all might need to be done to make sure that records that might hurt some re-election calls need cleaning. The international community and the big brothers like America and other donors are concerned about the bad human rights record and therefore a panic mode has set it.

My advice to my elder brother, Prof Mutua is that he should drop this engagement and not be seen as sanitising illegalities.

I have spoken to many victims and what they are calling for is justice and not hurried gymnastics to redeem institutions that have been adverse to respect for human rights. The state must stop this selective cherry picking of victims at its preference and address other violations such as land grabbing, sexual violence, corruption, enforced disappearances, torture and electoral theft.

Prof Mutua, kindly respect the will of victims and their families and let the rule of law take its course. Those who killed the protesters must be arrested, taken to court and straight to prison. The courts will then award the victims and families whatever is just in a transparent manner. Devoid of this and the victims are to be awarded; it will be against which orders?

Prof, your continued insistence that you are raring to go rubs the fresh wounds and further irk the victims of protests and their families.