Professor 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 Pro. Makau 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 a very 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, the then president, the government of the late Emilio Mwai Kibaki didn’t have to look elsewhere when it sought sound advice on the width and depth of the pain that had was troubling Kenya and the antidote. He was appointed in mid-April 2002 to join and head the Task Force on the Establishment of a Truth, Justice and Reconciliation Commission. As a young activist, I was elated, hopeful and my heart was glad. In the late August 2003, Professor Makau handed his report to Hon. Kiraitu Murungi, the then Minister for Justice and Constitutional Affairs. 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 on the public mood is that the establishment of framework for compensation of victims of protests and riots and the appointment of Prof. Makau 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. Makau Mutua is aware of so many reports including the report by the Truth Justice and Reconciliation Commission (TJRC), which he midwifed, has 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. Prof.
Many institutions including the Kenya Human Rights Commission (KHRC), which based on his contribution to the space, had him appointed to chair the taskforce and many other organizations 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 ironical that he has been reappointed as the Chairperson of KHRC but insiders are against him taking him 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 responsibility of promoting and protecting chapter 4 of the constitution- Bill of rights has countless reports and documentation of human rights violations with recommendations for redress. Equally, other independent institutions like the IPOA, NGEC and CAJ to have commissioned inquiries and investigations into the many violations that occur daily. Again, those cases have not been looked into.
It is therefore ironical that Prof. Makau 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 that the 2027 elections are nearing 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. Makau Mutua is that he should drop this engagement and not to be seen as sanitizing 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. Makau Mutua, kindly respect the will of the 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 that are rearing to go rubs the fresh wounds and further irk the victims of protests and riots and their families.
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