'Chill, folks,' Makau Mutua says after backlash on Ruto appointment

Law professor Makau Mutua has defended his decision to accept an appointment from President William Ruto, hitting back at critics who accused him of political hypocrisy.

On Wednesday this week, President William Ruto named the longtime Raila Odinga ally as his senior advisor on constitutional affairs, an announcement that caught many by surprise, given Mutua’s longstanding opposition to the president.

“Why are some folks vexed, anguished about my decision to accept the appointment by William Ruto? I’ve spent my entire life in the law at the highest levels, especially in the United States,” wrote Makau.

Mutua argued that the role provides a platform to offer his legal, constitutional, and human rights expertise to the country.

He also suggested that those criticising him would likely have accepted the role themselves if given the opportunity.

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“Chill, folks, and let those who are qualified serve the country,” he stated.

While critics have not questioned his qualifications, many have pointed to his scathing past commentary on Ruto—mostly through his weekly newspaper column, as evidence of inconsistency.

In a 2020 column titled “Somebody thinks I can work for Ruto (excuse me while I laugh),” Mutua wrote:

“I can’t - and won’t - work with Mr Ruto. Never. Ever…Case closed. No bonafide civil society organisation, or any of their self-respecting members, will touch Mr Ruto with a 10-foot pole.”

At the time, Mutua cited Ruto’s political baggage, including his role in the controversial Youth for KANU (YK) ’92 movement, charges for crimes against humanity at the International Criminal Court, his opposition to the 2010 Constitution, and alleged involvement in corruption.

Even after the 2022 elections, Mutua maintained his opposition, saying in January 2023:

“As a matter of my freedom of conscience and thought, I can’t accept, or recognise, William Samoei Ruto as President of Kenya. I can’t and won’t.”

However, following a political truce between President Ruto and opposition leader Raila Odinga, Mutua appeared to soften his stance, at one point telling critics to “shut up.”

The law professor was among those Ruto tasked to deliver the AU Commission chairmanship where Kenya had fielded Odinga, who lost to Djibouti’s Mahmoud Ali Youssouf.