mau mau reparations, memorialization and kenya's future by sironka amy wanjiru reg no

97 Pages·2017·0.93 MB·English

MAU MAU REPARATIONS, MEMORIALIZATION AND
KENYA’S FUTURE

BY

SIRONKA AMY WANJIRU
REG NO: 637671

A Thesis Submitted to the School of Humanities and Social Sciences in Partial Fulfillment of the
Requirement for the Degree of Master of Arts in International Relations

UNITED STATES INTERNATIONAL UNIVERSITY- AFRICA

SUMMER 2016

vi
STUDENT’S DECLARATION

I, the undersigned, declare that this is my original work and has not been submitted to any other
college, institution or university other than the United States International University – Africa in
Nairobi for academic credit.

Signed: ________________________ Date: __________________

(Sironka Amy Wanjiru)

This thesis has been presented for examination with my approval as the appointed supervisor.

Signed: ________________________ Date: _____________________

(Dr. Duncan Ojwang)

Signed: _______________________ Date: ____________________

Dean, School of Humanities & Sciences

Signed: _______________________ Date: _________________

Deputy Vice Chancellor, Academic Affairs

vii
© Copyright by Sironka Amy 2016
All Rights Reserved

viii
Abstract
The Mau Mau uprising took place between 1952 and 1960 in Kenya. It was a revolt against the
British colonial government by the Kenyan local communities. During the uprising, many
Africans were tortured and others killed by the colonial government. In 2002, the victims of
torture filed a civil case in the United Kingdom. It was opposed by the Foreign Affairs ministry
of the United Kingdom on the grounds of lapse of time. The court overruled this objection in
2012 and allowed the case to proceed to full hearing. In June 2013 and before the main hearing
of the case could start, the United Kingdom government offered an out of court settlement to the
victims of torture to compensate them at the sum of £20 million and the victims agreed to the
offer. The United Kingdom in addition to the compensation offered to build a memorial for the
Mau Mau war veterans in Nairobi. Being a case that has had numerous developments in the
recent past, little has been written on the effectiveness of the compensation in addressing the
victims’ concerns. This study takes a deeper look at the effectiveness of the reparations, apology
and memorial, in addressing the plight of the victims of torture, for those who died, their families
and to the nation as a whole. The study further argues that in order to rectify the wrongs that
were done during the colonial period and to mend relations with the victims that suffered the
various atrocities, their families and the nation at large, there is need for Britain to continue to
support the healing and reconciliation process with the victims in addition to the reparations,
apology and memorial.

ix
Acknowledgement
I would like to express my gratitude to my advisor Dr. Duncan Ojwang for the support in
research. His guidance helped me in all the time of research and writing of this thesis.

Besides my advisor, I would like to thank my colleagues and classmates, for their
encouragement, insightful comments, and hard questions.

Last but not the least, I would like to thank my family for continuous support and immense
contribution in the development of this thesis, and supporting me throughout my life.

x
TABLE OF CONTENTS

Abstract ....................................................................................................................................................... ix
LIST OF ACRONYMS ............................................................................................................................xiii
CHAPTER ONE ......................................................................................................................................... 1
INTRODUCTION ....................................................................................................................................... 1
1.0 Background of the Study .................................................................................................................. 1
1.1 Statement of the Research Problem ................................................................................................ 5
1.2 Objectives of Study ........................................................................................................................... 7
1.3 Literature Review ............................................................................................................................. 7
1.4 Theoretical Framework .................................................................................................................. 18
1.5 Research Questions ......................................................................................................................... 19
1.6 Hypothesis ........................................................................................................................................ 20
1.7 Significance of the Study ................................................................................................................ 20
1.8 Methodology .................................................................................................................................... 20
1.9 Chapter Outline .............................................................................................................................. 21
CHAPTER TWO ...................................................................................................................................... 22
2.1 Inception of colonialism in Kenya ................................................................................................. 22
2.2 Beginning of the Mau Mau Movement ......................................................................................... 25
2.3 Declaration of a State of Emergency ............................................................................................. 28
2.4 Onset of the ‘Screening Process’.................................................................................................... 32
2.5Filling of the case by the MMWVA before UK courts ................................................................. 41
CHAPTER THREE .................................................................................................................................. 44
3.1Reparations, Apology and Unveiling of Memorial in Honour of Victims ................................... 44
3.2 Treatment of Mau Mau Suspects during the Emergency Period ............................................... 46
3.3 Forgiveness in International Relations ......................................................................................... 48
3.3.1 Role of collective remembrance in addressing past injustices ............................................. 48
3.3.2 The juridico-political and theologico-philosophical models of forgiveness ........................ 51
xi
3.3.3 Importance of the participation of ordinary citizens in the process of forgiveness ........... 57
3.3.4 Challenges in political forgiveness .......................................................................................... 58
3.3.5 Distribution of responsibility for past atrocities ................................................................... 61
3.3.6 Importance of the public acknowledgement of past wrongs ................................................ 62
3.3.7 Dual model of forgiveness encompassing retributive and restorative justice ..................... 63
CHAPTER 4 .............................................................................................................................................. 65
4.1 Role of Leigh Day Law Firm in MMWVA Case .......................................................................... 65
4.3 Impact of Colonialism in Kenya .................................................................................................... 67
4.5 Rectificatory Justice in International Relations ........................................................................... 72
CHAPTER FIVE ...................................................................................................................................... 82
CONCLUSION AND RECOMMENDATIONS ................................................................................ 82
REFERENCES .......................................................................................................................................... 86

xii
LIST OF ACRONYMS
U.K United Kingdom
MMWVA Mau Mau War Veterans Association
K.H.R.C Kenya Human Rights Commission
K.C.A. Kikuyu Central Association
K.A.U Kenya African Union
D.C District Commissioner
K.A.D.U Kenya African Democratic Union
K.A.R Kings African Rifles
Y.K.A Young Kikuyu Association
D.D.O Delegated Detention Officer

xiii
CHAPTER ONE
INTRODUCTION

1.0 Background of the Study
The study is centered on the rise of the Mau Mau Movement, a revolt against colonial rule in
Kenya. The movement arose as a result of the oppression that the native Africans faced under
colonial rule through forceful eviction and loss of their freedom. The movement was opposed by
the colonial government, and as a result, many Africans especially those suspected of being
members of the Mau Mau movement suffered gross abuses.

The East Africa was opened to colonial domination through the constructionof roads and
railways. One such railway was the Uganda railway line which opened up the interior of East
Africa. Infrastructure projects cost the British government enormous amounts of money.
Consequently, it was faced with the task of repaying back its taxpayers money (Elkins, 2006).

In 1902, Sir Charles Elliot, the first commissioner of the British East African Protectorate
advised the London Colonial Office that the Africans living along the railroad were uncivilized
and hence would not be expected to raise enough money through the payment of the rail services
to repay the taxpayers for the cost of building the railway or even through the cultivation of cash
crops.

It became necessary for him to encourage his government in London to facilitate the settlement
of British settlers who would grow cash crops and use the developed infrastructure to raise
money that would be used to repay the funds incurred in construction. Consequently, it became
1
the preoccupation of the London colonial office to place adverts inviting members of public to
purchase land in the colony Kenya at cheap prices. The government gave the representation that
its aim of colonization was to slowly civilize the Africans in the colonies by teaching them
effective farming methods and taking them through a system of education, they also argued that
it was necessary to colonize the people so as to convert them from barbaric religions to
Christianity which they argued was the proper religion. According to them, with proper British
guidance, and tough paternistic love, Africans could be made into progressive men and women,
though it could take many decades or more likely centuries for such a radical transformation to
take place (Elkins, 2006).

Many Britons, persuaded by the supposed underlying aim of their government, left Britain for
Kenya where they settled in the fertile highlands. These highlands were mostly occupied by the
Kikuyu tribe. This led to mass displacement of the Kikuyu, who had earlier been extensively
displaced through the building of the Uganda Railway. The displacement resulted in the build-up
of tension between the Kikuyu and the British settlers which would culminate into armed
struggle for liberation (Kershaw, 1996).

On making their settlement in Kenya, the settlers formed law making bodies and used their
power to formulate laws that required the payment of taxes by the Africans and further required
the Africans to work for them in their farms. The new regulations displeased the Africans who
began to form organizations that would clamor for protection of their rights to own property.

2