Editor's note: If you missed the commemoration, you could watch it here.

CELEBRATING A LEGACY OF POLITICAL LIBERATION AND TRANSFORMATIVE JUSTICE FROM COLONIAL TO POST-INDEPENDENCE REGIMES IN KENYA

 

Remarks by Davis Malombe, Executive Director of the Kenya Human Rights Commission, as we honour the Mau Mau struggle 11 years after the memorial monument was unveiled

September 12, 2026

Freedom Corner, Uhuru Park, Nairobi, Kenya

Distinguished guests, fellow compatriots and freedom fighters in Kenya and beyond, allow me to share my speech titled, “Celebrating a legacy of political liberation and transformative justice, from the colonial to post-independence regimes in Kenya (1895-2026)”.

The preamble to the Constitution of Kenya begins by stating: “We, the people of Kenya, ACKNOWLEDGING the supremacy of the Almighty God of all creation; HONOURING those who heroically struggled to bring freedom and justice to our land”[1]. This preamble is the basis of my remarks.

Today marks a significant milestone in Kenya’s history as we honour the victims of torture and ill-treatment during the colonial era, from 1952 to 1960, popularly known as the Mau Mau. This event is also marking exactly 11 years since we unveiled the Mau Mau monument at this Freedom Corner. The monument was officially unveiled following the settlement reached in the case filed by Leigh Day Solicitors, a leading UK Law Firm, on behalf of the Mau Mau War Veterans Association (MMWVA) and the Kenya Human Rights Commission (KHRC), in London. The case was seeking justice over the abominable atrocities committed by the colonial-era British government against many freedom fighters in the 1950s[2].  

From 2006 to 2012, the case went through several motions in court and on June 6, 2013, the British government announced that they were abandoning their appeal and agreed to a settlement comprising the following four components:

  1. Make a statement to Parliament in London and to the victims in person in Nairobi, acknowledging for the first time that Kenyans had been subjected to torture and other forms of ill-treatment at the hands of the colonial administration and expressing “sincere regret” that these abuses had taken place.
  2. Agree to pay compensation of £2,600 per claimant, amounting to a total of £13.9 million.
  3. Agree to finance the construction of the memorial in Kenya to the victims of colonial-era torture.
  4. Agree to pay the legal costs of the case to ensure the 5,228 claimants receive all the agreed monies.

To realise the titanic and magnificent monument approved by the memorial steering committee, the KHRC was obliged to mobilise additional resources to supplement the settlement. The case and the long journey accomplished by the parties involved are historic and transformative in the following ways:

  1. There has been a lifetime sacrifice and commitment by the freedom fighters who have remained faithful across all the political liberations experienced in the country from the 1950s to date. This has inspired and sustained the culture of rebellion and resistance across generations. The deep political discipline and organising culture are attributes to be emulated by all.
  2. There has been unrivalled resilience and tenacity in the quest for justice over the past 24 years, with 2002 to 2013 focused on the London case; 2013 to 2015 on implementing the settlement; and 2015 to 2026 on pushing for unresolved issues and strengthening the Mau Mau War Veterans Association. Traditional advocacy would have left it at the launch of the monument in 2015.  
  3. The field of transitional justice and rule of law has witnessed a precedent-setting and groundbreaking development, as it has informed many other processes related to reparations for historic and systemic violations committed by the state and corporations within and outside the country. Three weeks after the settlement, Caribbean nations began advocating for slavery compensation using the Mau Mau Model[3]. Moreover, a second suit was instituted by Leigh Day against Kakuzi Limited and Camellia PLC Limited in partnership with KHRC and Ndula Resource Centre, where another progressive settlement was secured in February 2021[4].
  4. There has been a bold and unmatched initiative by people who hardly imagined the possibilities of taking on the “omnipotent” British government over injustices committed decades ago. This case succeeded against many legal, political and financial hurdles; many actors feared antagonising the British regime in the initial phases. I always recall the fundraising dinner we organised at the Panafric Hotel on June 6, 2006, to support the initial filing of the case, which was scheduled for October 20 of the same year.
  5. There have also been special engagements and strategic partnerships between the British government, the Kenyan government, the county government of Nairobi, victims’ groups, civil society and foreign law firms in advancing the case and implementing the follow-up actions. This remains one of the few cases where magnanimous endorsements were received from the Kenyan government, and, among others, former Chief Justice Dr Willy Mutunga; former Prime Minister Raila Odinga; Former Attorney General Amos Wako and Prof Githui Muigai; and former Minister for Foreign Affairs Moses Wetangula.

The commemoration we are having today was scheduled for September last year, exactly 10 years since the first one, but it was delayed because the monument was destroyed during the June 25, 2025, first anniversary of the Gen-Z protests. We have spent the last year mobilising resources and undertaking repairs. We thank the British government and the High Commission in Nairobi for providing the gracious support of Sh4,360,905[5]. 

Distinguished compatriots and freedom fighters, allow me to conclude my remarks with the following observations and recommendations:

  1. It is time our youth understands that this monument is part of the fourth liberation they are leading, as it marks the fruits of the first one by freedom fighters, who laid the ground for their current struggle. They need to protect it and use it as the symbol of their struggles. It is the reason it was erected at the Freedom Corner – one of the most revered sites of resistance and conscience – and that, during its launch, the liberation baton was passed across generations to them. This became our starting point for major protests.
  2. The Kenyan government, through the National Museum of Kenya or the Heroes Council, should take full ownership of the monument and create a permanent docket and special kitty for maintaining it. The county government of Nairobi should provide unfettered access to the members of the public and provide security and other support systems. It is important to remember that this memorial was put up at Uhuru Park after immense lobbying, as well as commitment from former Nairobi governor Evans Kidero to the steering committee that he would provide the support within his constitutional mandate. Right now, due to economic constraints, the KHRC and MMWVA are unable to provide additional financial support, especially in the event of endless destruction and wear and tear. The Kenyan government should also dedicate some of the galleries at Uhuru Gardens to freedom fighters across generations and find a positive way to recognise and protect democracy and human rights defenders. The culture of colonial-era punitive expeditions and post-independence selective amnesia should end forthwith.
  3. The British government should supplement resources for some of the repairs and address the unresolved issues on its colonial legacy. Most of these are documented in the petition prepared by the KHRC and submitted to the High Commission during the visit by King Charles III to the country in November 2023[6].
  4. KHRC, MMWVA, Mazingira Institute and civil society at large should continue advocating for justice and human rights for all and across generations and support the Mau Mau Foundation and other initiatives we have undertaken since 2015. We are ready to partner with the youth movement and the national and county governments to train guides who will take members of the public through the grittiest cases, monuments, and our political history. Consequently, from October to December, we will undertake detailed documentation of the journey of the Mau Mau struggle, the court case, and follow-up actions. We take this opportunity to thank the Ford Foundation for ably supporting the ongoing institutionalisation and capacity strengthening of the MMWVA and the Mau Mau Foundation, and for covering part of the expenses for this project and event. We call upon more partners to come in and ensure that the legacy of our freedom fighters lives on, because there is lots of unfinished work.
  5. I recommend that we keep the memorial steering committee that has been driving this process to ensure continuous support and oversight of this project. We can meet quarterly to assess progress. KHRC is happy to remain the host and chair of the committee. 
  6. Lastly, allow me to appreciate the following organisations that have remained instrumental to this process since 2013: The British Government through the High Commission in Nairobi; the government of Kenya via the National Museum of Kenya and the Nairobi county government (the Office of the Governor and his team), Mazingira Institute, MMWVA, KHRC and our many service providers. In a very special way, I wish to salute the staff and board of KHRC and MMWVA, who have remained deeply committed to this cause for the past 24 years. This is one of the projects we have invested in the longest and most deeply since our foundation in 1991. Davinder Lamba, our immediate former board chair, has been instrumental in providing technical guidance and oversight of construction and repair phases. In a very special way, I wish to salute Shujaa Gitu wa Kahengeri, the leader of MMWVA, for his steadfast leadership, amazing wisdom and zeal for this project despite his advanced age.  Mzee, I know this will remain a major component of your diverse legacies. You are a great inspiration to all. We still remember your plans to reach out to other freedom fighters in the world. I pray that God grants me just 10 per cent of your qualities and energy levels. Additionally, we can’t forget Mzee John Nottingham, a former District Officer of the Colonial Government in Kenya, who, in October 2002, was part of the team that conceived this prolific project.  May he rest in power. The other visionaries are Prof Makau Mutua, Dr Willy Mutunga, Maina Kiai (both from KHRC), and Paul Muite and Gitobu Imanyara. We declare Viva to all!

In conclusion, and in honour of the political work and mission of our freedom fighters, I challenge all to join hands in implementing our very progressive constitution.  It begins by recognising that the Mashujaaas here today have made enormous sacrifices, as captured in the preamble of our constitution. Let us dedicate the Mashujaa Day, observed on October 20, to them and declare Kenya a multiparty democratic state founded on the values and principles of good governance in Articles 4 and 10, which is essentially the Kenya they envisioned.

[1] Preamble, the Constitution of Kenya

[2] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://khrc.or.ke/wp-content/uploads/2024/02/Court-Case-Settlement-and-Memorial.pdf;

[3]https://www.theguardian.com/world/2013/jul/26/caribbean-countries-slavery-compensation-claim;

[4] https://khrc.or.ke/press-release/heavy-price-for-kakuzis-egregious-human-rights-violations/;

[5]  This is based on the fact that the cost for the sculptures was Sh3,465,000; repairing the monument was Sh895,905; engaging a quantity surveyor to prepare bill of quantities, and supervise repair works and procuring of small-scale contractors was about Sh217000;

[6] https://khrc.or.ke/press-release/accept-without-equivocation-responsibility-over-the-atrocious-colonial-rule-british-investments-and-programmes-in-kenya-to-date/