Makau Mutua Responds to Impropriety Claims in Victims’ Compensation Process

Prof. Makau Mutua, Chairperson of the Panel of Experts on Compensation of Victims of Human Rights Violations, has responded to allegations of impropriety in the compensation process.

In a statement on Monday, November 9, Mutua said an internal investigation was conducted following media reports on November 8 and established that two of the individuals who had raised allegations had subsequently withdrawn their accusations.

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Mutua said Margaret Onyango Okitch, who had alleged that an Independent Policing Oversight Authority (IPOA) officer solicited Ksh150,000 to process her fatality claim, contacted Panel staff at the Kenyatta International Convention Centre (KICC) and retracted the accusation.

He said Okitch expressed regret over what she described as having been misadvised in a victims' WhatsApp group and also retracted the same accusation to IPOA.

The chairperson further addressed allegations by Stellamaries Nthenya, who had claimed that a Panel staff member at KICC solicited Ksh1,200 to facilitate the notarisation of her affidavit, saying the service was external and not provided by the Panel.

According to Mutua, Nthenya also withdrew the accusation.

The Panel also addressed claims by Fredrick Ojiro, who alleged that a Panel member had received Ksh100,000 as a bribe and claimed to have evidence to support the allegation. 

Mutua challenged him to report the matter to the relevant authorities or publicly disclose the details.

On the number of fatality claims processed, Mutua clarified that 236 cases had been handled for compensation, adding that the information was regularly shared with the public and the media.

"The Panel wishes to clarify that to date, 236 fatality claims have been processed for compensation. This information is publicly available and is shared regularly by the Panel with the press and the public," the statement read.

Mutua maintained that the Panel subjected applications to strict scrutiny to ensure that only eligible victims received compensation.

"The Panel exercises the highest standard of scrutiny to ensure that only eligible claims are compensated. This scrutiny may extend the time in which claims are processed. For the avoidance of doubt the Panel reiterates that as to date not a single false claim has been paid," the statement added.

Mutua also warned victims against individuals and groups allegedly exploiting the compensation exercise by demanding money in exchange for assistance with their applications.

"The Panel warns victims and the public against malevolent actors who include fraudsters, imposters and brokers, demanding money with the intention of defrauding victims to facilitate compensation.

"The Panel charges no fees or facilitation for any service whatsoever. Treat as fraudulent anyone asking for money to act on your behalf or to facilitate any action before the Panel. Victims must not pay any individual or entity claiming to act for the Panel. If and when in doubt, contact the Panel directly," the statement further read.

Mutua further called on journalists and members of the public to verify allegations before sharing or publishing them, while acknowledging the importance of media freedom in a democratic society.

"While media and the freedom of expression are fundamental to our democracy, the Panel urges the press and the public to verify all information before publishing it," the statement concluded.

Notably, in a statement on Monday, Democratic Party (DP) leader Justin Muturi raised concerns over the latest protest victims compensation exercise after reports indicated that only one fatality had been recognised among 157 cases approved for compensation.

Muturi questioned the credibility, integrity and transparency of the exercise, calling on Mutua and his Uwiano team to explain the findings and clarify how the reported number of deaths was established.

"I have noted with profound concern reports indicating that Professor Makau Mutua's Uwiano team has recognised only one fatality among the 157 cases recently approved for compensation. This figure raises serious questions about the credibility, integrity and transparency of the entire exercise. 

"Kenyans deserve to know whether this is merely one approved case or an attempt to portray the deaths arising from protests as insignificant. Let nobody mistake the intelligence of Kenyans for forgetfulness," he wrote.

Muturi further warned that presenting the figure as an account of deaths arising from the protests would undermine documented human rights violations and the suffering experienced by affected families.

"If this figure is being advanced as an account of the deaths arising from protests, it amounts to an industrial-scale cover-up of documented human rights violations and risks turning the compensation process into a human rights laundering service, sanitising atrocities and diminishing the suffering of victims and their families," he added.

Muturi called on Mutua and his team to publicly explain how their findings compared with the reports by the three human rights institutions and disclose the criteria used to identify individuals eligible for compensation.

"Professor Mutua and his team must explain how their findings reconcile with the independent investigations and reports of KNCHR, Human Rights Watch and Amnesty International. How many people were killed? How many families have been registered, verified or excluded? What criteria were used to determine eligibility for compensation? Were hospital, mortuary, post-mortem and IPOA records examined? 

"I demand the immediate publication of the team's methodology, complete findings and an independently verifiable reconciliation of all reported deaths. Compensation must never become an instrument for rewriting history, sanitising human rights violations or shielding perpetrators from accountability. Kenya already has the Victim Protection Act, 2014, which must be fully implemented," he further said.