[kca-info] THE MAU MAU REPARATION CASE

November 3, 2006

PRESS RELEASE

KCA SOLIDARITY STATEMENT: THE MAU MAU REPARATION CASE

We, the Kenyan Community Abroad, wish to express our support for the Mau Mau claim, which we consider a worthy continuation of the multifaceted struggle against official marginalization, exploitation and oppression of sections of society particularly by those in power.

It is to that end that the KCA has, in solidarity with the Kenya Human Rights Commission, established the Mau Mau Commission with the short-term mandate to assist in raising awareness on the claim, to fundraise to meet the cost of travel and accommodation of the claimants and to work closely with international Human Rights activists towards securing justice for the Mau Mau.

The claimants need and deserve every support (material or otherwise) they can get from men and women of goodwill and for good reasons.  First, they are seeking justice for themselves and their families.  Second, theirs is a wake up call to others in similar predicaments to come out of the woodwork and demand justice. Finally and most importantly, they are making a loud and important political statement that persons and governments that infringe on others' human rights must and will eventually be made to account for their actions.

Regrettably, the mindset and the socio-political and economic forces that informed colonialism and all its barbarism remain in place in this millennium. For instance, it is a fact that black people still routinely suffer widespread discrimination and other forms of inhuman degrading treatment particularly in the Western world.  Therefore, in sum, supporting the Mau Mau cause is in essence supporting justice and fairness for oneself and for us all.

Between 1954 and 1959, hundreds of thousands of real and suspected members of the Mau Mau and their supporters were subjected to arbitrary detention, widespread torture, maiming, summary execution and other forms of inhuman and degrading punishment by agents of the British colonial government of the day.

Sixty years on, the victims and their families are yet to know justice. Indeed, the United Kingdom government has to-date, neither officially apologized nor accepted State responsibility (legal or moral) for the atrocities. Continued delay of justice to these victims amounts to justice denied.

It is thus encouraging that the victims have taken matters into their own hands. On 11th October, Leigh Day solicitors served the Mau Mau's formal legal claim on the British Foreign and Commonwealth Office.  The claim, which is based on the tort of negligence, will be filed in the High Court of England on 23rd November 2006. 

The Mau Mau are seeking damages for the personal injuries that they sustained arguing that the United Kingdom Government is liable not only for the faults of the Colonial Administration in Kenya but directly for negligently failing to take any adequate steps to prevent the widespread use of torture that it plainly knew was being perpetrated in its name.

The United Kingdom government has stated that it will fight the Mau Mau claim mainly on the grounds that legal responsibility passed on to the subsequent Kenyan regimes upon the attainment of independence by the latter. This is for the courts to establish and hold.

However, regardless of the court's ruling, the United Kingdom and its peoples must face the issue of moral responsibility. The United Kingdom cannot just transfer blame and the burden of compensating the Mau Mau to a poor developing country. Such is tantamount to asking victims of a British colonial madness to compensate themselves while the true beneficiary and perpetrator (the government and peoples of the United Kingdom) walked scot free. That
would be the height of callousness and moral bankruptcy.

The United Kingdom may want to compare notes with Germany, which officially apologized and accepted responsibility for the 1904-1907 Herero-massacre, whereby German colonial servants killed an estimated 100,000 Hereros of Namibia. An out of court settlement was sought and compensation in the form of aid targeted at families of the victims was agreed upon. Germany, did not seek to pass on responsibility to the Namibian government like Britain is threatening to do. 

While there might never be an end to Human Rights violations, international law and national laws of most civilized nations demand that each instance of infringement be invariably met with timely allocation of responsibility, liability and restitution or compensation. In that light, the Mau Mau claim is basically a plea to the courts of justice to find the perpetrators legally responsible and consequently liable for their actions and/or omissions. 

We in KCA sincerely commend the KHRC for taking up this cause. We believe justice will prevail for the claimants and their families.  Their victory will be the victory of all African peoples who have continued to suffer great loss as a result of colonial atrocities.

The KCA-Mau Mau Commission:

Sylvester Katua, Esq. 
Dr. Wanjiru Kamau
Rosemary Manyara, Esq.
Matunda Nyanchama, PhD
Mkawasi Mcharo: President, KCA
For the KCA Executive
cc Mwambi Mwasaru: Ag Executive Director, KHRC