Law Society of Kenya President Faith Odhiambo and Amnesty International Kenya Executive Director Irungu Houghton are two people I respect immensely. Immeasurable contributions to human rights places them high on the list of legends who have bravely stood on the side of the people against State brutality.
I was therefore one of the many rather taken aback when the two accepted President William Ruto’s appointment to his government panel on proposed compensation for victims of political protests. Right from the moment a month ago when a presidential proclamation was issued on establishment of the panel to be led by Prof Makau Mutua, I voiced my reservation on this very page.
My concern was that the initiative seemed grounded on dynamics of the broad-based government arrangement between President Ruto and former opposition leader Raila Odinga , or probably in response to beady eyes from western capitals, rather than on genuine intention to provide justice for the victims.
I found it unsettling that the President was proposing compensation, while never once expressing remorse, leave alone acknowledging that his security establishment was responsible for grievous human rights violations unseen since the dark days of the one-party dictatorship.
The other thing was that the President has implicitly justified government employment of terror tactics by branding political dissent as terrorism, or by heaping blame on the opposition fronted by former Deputy President Rigathi Gachagua .
The choice of Prof Mutua, Mr Odinga’s long-time aide and confidant recently appointed President Ruto’s advisor on constitutionalism and human rights was also not very comforting. He came with stellar credentials as a founder of the Kenya Human Rights Commission—the country’s premier independent rights watchdog—but since being invited to the feeding trough had regressed to parroting inane Kenya Kwanza regime narratives.
Chances were high that the Makau team would be more focused on protecting abductors and murderers in uniform, and their political masters.
Into this maelstrom stepped the two eminent personalities. I would want to believe that Prof Makau fully understood he was on a mission impossible unless he could pull in participation of respected human rights campaigners who would not be seen as part of a regime whitewash attempt. If asked, I would have advised Ms Odhiambo and Mr Irungu against getting sucked into a process intended to sanititise the regime, and which would only taint their well-earned reputations.
Knowing both of them as I do, however, I believe they subjected themselves to serious soul-searching and reflection before accepting the assignment. They would have interrogated Prof Makau, or even his political superiors, on what was expected of them. They would have demanded cast-iron guarantees that the panel would be allowed to operate independent of Kenya Kwanza or broad-based government political designs.
They would also have been assured that beyond mere monetary compensation, the victims would also get justice in their tormentors—however high up in the political totem pole or the security establishment—being made to face the full force of the law.
Both knew that acceptance would raise eyebrows. That is why they felt constrained to explain to the public why they agreed to sit on the panel, Ms Odhiambo with a personal statement and Mr Irungu through a press release put out by his organisation. The statements concurred on the need for reparations, and also stressed that work of the panel cannot be limited to cash payments, but must extend to serious investigations, mitigation measures to ensure “never again”, and the ultimate deterrence of criminal culpability.
Many remain unhappy. Mr Irungu’s colleagues in human rights networks have taken a jaundiced view. Ms Odhiambo has endured a savage backlash from some of her colleagues, especially as she seems to have accepted the appointment without seeking a nod from the LSK Council.
Despite my reservations, I accept that Ms Odhiambo, the vice chair, and Mr Irungu can play invaluable roles in checking pro-regime manoeuvres from Prof Mutua and the majority of government toadies on the panel.
Personally, I will see that it is serious only when the likes of Director of Criminal Investigations Mohammed Amin, National Intelligence Service Director Noordin Haji, Inspector-General of Police Douglas Kanja and all the officers under their commands who perpetrated crimes against innocents are hauled before the committee.
Their political masters, starting with Interior Cabinet Secretary Kipchumba Murkomen and his predecessors in that powerful office, including Deputy President Kithure Kindiki and Prime Cabinet Secretary Musalia Mudavadi, should not be spared, and neither should those who came before them in the previous regime, notably Dr Fred Matiang’i.
