This man Prof Makau Mutua

President William Ruto with Prof Makau Mutua at State House on Wednesday, Apeil 30, 2025. /PCS

Professor Makau Mutua has become the latest prominent figure from the opposition to land a top job in the Kenya Kwanza administration.

On Wednesday, President William Ruto appointed Mutua as the Senior Adviser of Constitutional Affairs in his office, further demonstrating his committment to incorporate opposition leaders in the broad-based government.

''I have appointed Prof Makau Mutua as the Senior Adviser of Constitutional Affairs in the Executive Office of the President. Prof Mutua brings a wealth of experience in legal, constitutional, and human rights matters," Ruto wrote on X.

His appointment comes barely a week after the President appointed Jaoko Oburu Odinga, son of Siaya Senator Oburu Odinga, to the position of Special Adviser, Economic Empowerment, and Sustainable Livelihoods in the Executive Office of the President

Mutua is a prominent Kenyan-American legal scholar, educator and human rights advocate.

He holds the position of SUNY Distinguished Professor and the Margaret W. Wong Professor at the University at Buffalo School of Law, where he has been a faculty member since 1996 and served as dean from 2008 to 2014.

Mutua completed his undergraduate and master's degrees in law at the University of Nairobi and the University of Dar es Salaam, respectively.

He furthered his studies in the United States, earning an LL.M. and an S.J.D. from Harvard Law School.

Mutua is recognised for his work in international human rights law, international business transactions, and international law.

He is a leading figure in the Third World Approaches to International Law (TWAIL) movement, which critically examines the colonial foundations of existing international legal frameworks.

His scholarly publications include several influential books: Human Rights: A Political and Cultural Critique (2002); Kenya’s Quest for Democracy: Taming Leviathan (2008); Human Rights NGOs in East Africa: Political and Normative Tensions (2008); Human Rights Standards: Hegemony, Law, and Politics (2016); The Palgrave Handbook of Democracy, Governance and Justice in Africa (2022), co-edited with Romola Adeola.

In addition to his academic work, Mutua has contributed to public discourse through articles in major publications such as The New York Times, Boston Globe, Christian Science Monitor, Chronicle of Higher Education, and Washington Post.

During a sabbatical in Kenya in 2002–2003, Mutua chaired the Task Force on the Establishment of a Truth, Justice, and Reconciliation Commission, which recommended the creation of such a commission in Kenya.

He also served as a delegate to the National Constitutional Conference, contributing to the drafting of a new constitution for the country.

Mutua has held significant leadership roles, including serving as the vice president of the American Society of International Law and as a member of the Council on Foreign Relations.

In 2015, he received the Distinguished Africanist Award from the New York African Studies Association at its 40th Annual Conference.

In 2016, Mutua applied for the position of Chief Justice of Kenya's Supreme Court following the early retirement of Dr Willy Mutunga.

Although he was not appointed, his application highlighted his ongoing engagement with Kenya's legal and political landscape

In March 2022, Mutua was appointed as the spokesperson and head of the think tank for Raila Odinga's presidential campaign.

Prof Mutua has been involved in several significant constitutional cases in Kenya, focusing on human rights, transparency, and the rule of law. Notable cases include:​

Challenge to Chief Justice Appointment Process (2021)

Prof. Mutua, alongside the Katiba Institute, petitioned the court to compel the Judicial Service Commission (JSC) to release interview scores for Chief Justice candidates.

He argued that the JSC's refusal to disclose this information violated constitutional rights to access information and fair administrative action.

Advocacy Against Death Penalty

While not a court case, Prof Mutua has been a vocal critic of the death penalty in Kenya.

Following high-profile death sentences, he publicly stated that capital punishment is inconsistent with the values of Kenya's 2010 Constitution and should be abolished.