The panel of Experts to oversee compensation for victims of protests pose for a group photo during their swearing-in ceremony at KICC on September 4, 2025.
I get it. We live in the Age of Dissent. The Era of Cynicism. It is a period when every zealot and citizen is an expert at everything; when folks use Artificial Intelligence to write posts for them on social media, or even academic papers.
Technology has unleashed the worst proclivities in the deepest recesses of the human mind. And guess what? There’s no going back. But as in the past, this too shall pass because we shall adapt to the technology and make it garden variety. We have a way of conquering technology by normalising it, even as we cry foul. That means those who demagogue even the noblest of initiatives – such as Kenya’s victim compensation scheme – will have their nugatory voices amplified.
It was Winston Churchill, the racist English imperialist, who opined that “democracy is the worst form of government, except for all others.” He also said that “the best argument against democracy is a five-minute conversation with the average voter.” On both counts, the imperialist was right, much as I hate to admit it. Imagine that he was pontificating before the Age of Social Media.
Today, you can multiply the truth of those statements many times over. Life is moving at the speed of a microwave, even for the slowest among us. What was true yesterday is presented as a lie today, and vice versa. Propaganda is at the tip of every keyboard. That’s why it’s easier to portray virtues as vices.
Naysayers are rebels
For example, the Panel on Compensation of Victims of Human Rights Violations, including from Demonstrations and Public Protests – which I chair – has been the subject of cynical and hypocritical attacks by refuseniks. The good thing is that many of the naysayers are rebels without a cause, or anything meaningful to offer either the victims or society.
Those green with envy are drawn from the ranks of greedy opposition politicians and some civil society mandarins who don’t understand their role in protecting rights. It’s a sad and denialist, self-appointed lot without any theoretical understanding of transitional justice measures. Arguably, some know better, but their virulent view of President William Ruto has blinded them to the public good.
First, the denialists, many of whom I personally consulted before embarking on the compensation plan, are not free or original thinkers. They exist in an echo chamber that’s Stalinist and are afraid of being ostracised by their “comrades” for supporting even the most virtuous state initiative. I know them all because I led civil society for decades.
Many of them are my protégés, or ideological children. I taught them the theory and practice of human rights. I am their guru. And I don’t say this to be arrogant. No – I just want to set the record straight. A key lesson I taught them is that human rights are politics. That’s why I expected them to take advantage of the compensation scheme to politically advance the project of human rights within the state.
Compensation programme
Second, some of the opponents of the compensation programme – including one or two who resigned from the Panel – are trafficking in dishonest canards. One of those canards is the nonsensical lie that compensation is being used by the state as blood money to silence calls for accountability or criminal prosecutions. They rile up victims with falsely righteous anger and cynically push them to reject compensation. Most of these refuseniks live in leafy suburbia at a far remove from the victims. They drive high-end gas guzzlers. Their children go to exclusive schools. They have never missed a single meal for want of money. They take expensive family vacations, including many in civil society. I don’t know any who’ve lost loved ones in the protests.
Third, in the political class, none of those shouting the loudest from the rooftops have done anything to help a single victim, though I see some shamelessly exploiting grief by visiting parents of the deceased. Shame on them! They go to the families empty-handed and leave them with nothing but hot air. Imagine that these are the political parasites who want to lead Kenya in 2027.
Some, and there are many, were at the forefront when they were in government of ordering violent crackdowns on dissenters, resulting in killings. Now, they want to stop us from compensating those for whose deaths or injuries they were responsible. Just how callous and heartless can they be? They will not deter us because what we are doing is morally right.
Finally, let me emphasise that the state, especially President Ruto, regrets every death or injury that has occurred during protests. That’s why we must do something for the victims. We cannot compensate for a human life, or a serious injury, but we can say we are sorry by recognising their pain through ex gratia compensation. We hope the compensation will give economic meaning to many. It’s a way of opening a new chapter together with reforms and accountability to say, “Never Again!”
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Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School, The State University of New York. On X:@makaumutua.
