Makau W. Mutua is a SUNY Distinguished Professor and the Margaret W. Wong Professor at the University at Buffalo School of Law, where he served as dean from 2008 to 2014. He teaches international human rights, international business transactions and international law. He lives part time in Kenya, where he is politically active.
Nov. 7, 2024
Harry A. Rachlin ’26 Oral History Project
Dean S. Todd Brown
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Professor Mutua was born in Kenya to a civil servant father and a homemaker mother, the second of seven children. A scholarship brought him to the United States, where he graduated from an American high school in 1975. He attended the University of Nairobi until his involvement in student activism during Kenya’s repressive one-party state led to arrest and exile. He left Nairobi and enrolled at the University of Dar es Salaam, in Tanzania, where he graduated in 1983 and 1984 with bachelor’s and master’s degrees in law.
He returned to the United States to attend Harvard University. During his time at Harvard, his parents were killed in a tragic vehicular accident. Mutua nevertheless excelled academically, earning an LLM in 1985 and an SJD in 1987. He was an associate for one year at a commercial law firm in New York City, where he worked on equipment leasing, licensing and distributorship contracts.
Troubled by disparities in power and wealth, and influenced by an empathetic, pro bono lawyer uncle, he left the firm and pursued a legal career driven by social justice. He soon moved to Human Rights First, where he directed the Africa Project. In 1991, he returned to Harvard as associate director of its human rights program.
Looking to transition into teaching and scholarship, Mutua was encouraged by a Harvard mentor to visit UB law school, which was known in legal academic circles for its Critical Legal Studies perspective. Professor Virginia Leary, who had focused on international law, had recently retired, and Mutua was invited to deliver a talk. Warmly welcomed by faculty and students, he joined the UB Law faculty in 1996. In UB’s interdisciplinary academic environment, discussions with colleagues and engaging classroom interactions furthered his intellectual growth. Over time, he developed a scholarly focus on state-citizen relationships, constitutional law and international human rights.
Named dean in 2008, Mutua’s focus was creating a law school community that fostered strong relationships among faculty, students and alumni, while addressing resource challenges. He cultivated collaboration, redefined the school’s vision to reflect the larger community, and communicated it to stakeholders. Mutua prioritized addressing curriculum gaps (particularly in areas such as commercial law) and integrated full-time faculty into foundational courses. Fundraising efforts were vital, as the dean rallied alumni support to enhance faculty resources and fund key programs, marking a transformative period for the law school.
According to Mutua, the dean must balance the expectations of university leadership (provost and president), faculty welfare and the broader vision for the university. Key points include the necessity for a strong relationship between the dean and university administration, accountability for faculty teaching and scholarship, and active engagement with alumni.
Internal and external communication should build trust and align the school with its goals. The dean must be a leader who inspires respect, maintains accountability, and promotes faculty recognition through such initiatives as merit-based raises and distinguished professorships.
Alumni engagement is a cornerstone of success, facilitated through meetings, advisory councils and publications. Mutua also reflected on his leadership approach, recognizing successes like faculty accountability and scholarship promotion but leaving the evaluation of his achievements to others. Finally, he emphasized the dean’s role as an ambassador for the school, navigating internal and external constituencies to advance the institution’s mission.
Mutua brought globally impactful visitors to the law school during his tenure as dean, providing direct exposure to world leaders in law, politics and human rights. These included Raila Odinga, prime minister of Kenya; Irene Khan, secretary general of Amnesty International; and Hon. Yvonne Mokgoro, a judge of the Constitutional Court of South Africa. Such interactions demonstrated real-world excellence to the students.
After his deanship, Mutua worked with the World Bank on developing a human rights framework to align anti-poverty initiatives with respect for marginalized populations. He continues to be involved in human rights and political strategy, including leadership roles in the Kenya Human Rights Commission, as a strategist for Kenya’s political opposition and as an adviser to a candidate for African Union Commission chair.