Mau Mau settlement: the Kenyan government’s shame

The British are certainly in the dock today, but so are the Kenyan authorities.

The British government has, finally, been forced to make an apology and a financial settlement to those victims of the atrocities carried out during its colonial rule of Kenya. Some 5,000 former Mau Mau members or supporters will receive around £14m. A tiny sum, but most of the aged men and women will probably settle for the money, as they eke out their last years.

The case has been a huge embarrassment for the British. London feared – rightly – it could unleash a wave of similar cases in Yemen, Israel, Cyprus and beyond. Indeed, some Indians in Malaysia have already registered a case against Britain for failing to protect them from discrimination by Malaysia’s independent government.

But if the British are in the dock today, so are the Kenyan authorities. In July last year, when the case was being heard in London, campaigners for the Mau Mau veterans complained bitterly of the lack of support from their own government.

George Morara of the Kenyan Human Rights Commission told me of his disgust at the Kenyan government’s unwillingness to pay for the former Mau Mau fighters to bring the case. He contrasted this with the Kenyan government’s assistance in paying expenses of the four high-profile Kenyans facing charges of crimes against humanity at the International Criminal Court.

Morara said it was not difficult to explain just why this was the case. While many Kenyans supported the uprising against the colonial authorities between 1952 and 1960, others had been recruited by Britain. The activities of these “loyalists” – as the collaborators were known, had thrown a long shadow over the present.  Some in the current administration and senior members of the civil service were “loyalists”.

Morara said some officials feared that the case moight expose their past. "Most of them were collaborators," he said. "They benefited from suppressing Mau Mau and they don't want the full history to come out now.”

David Anderson, author of Histories of the Hanged: Britain’s Dirty War in Kenya and the End of Empire, says as many as 60,000 Kenyans were recruited as “loyalists”.

When President Jomo Kenyatta came to power in December 1963, he was determined that anyone associated with Mau Mau would be kept out of his administration. David Anderson argues that Kenyatta had little time for the former ‘freedom fighters’. “He often spoke of the need to ‘forgive and forget’, and to ‘bury the past’, but never conceded rights, rewards or genuine compensation to Mau Mau. When asked about the future role of Mau Mau in 1963, his answer was unequivocal: ‘We shall not allow hooligans to rule Kenya’”. 

Caroline Elkins, who published “Britain's Gulag: The Brutal End of Empire in Kenya,” supports this argument.  She believes the “loyalists” were incorporated into all levels of post-colonial government.

"During the run-up to independence and the years that followed, former loyalists also wielded political clout to consolidate their own interests and power. Under Kenyatta many became influential members of the new government. . . . This system of loyalist patronage percolated all the way down to the local level of government, with former Home Guards dominating bureaucracies that had once been the preserve of the young British colonial officers in the African districts. Of the numerous vacancies created by decolonization—powerful posts like provincial commissioner and district commissioner—the vast majority were filled by one time loyalists." (p. 360-3)

In the circumstances it is perhaps not surprising that it was August 2003 that the ban on Mau Mau was finally lifted in Kenya – forty years after independence.

The veterans may now, finally, receive the recognition they deserve, but fresh questions lurk about Kenya’s present. If Britain was right to attempt to come to terms with its past, why is Kenya’s current elite not prepared to do the same? President Uhuru Kenyatta and his deputy, William Ruto, are both charged by the International Criminal Court with orchestrating the political and ethnic violence that erupted in the aftermath of Kenya’s disputed general election in December 2007. The trials are due to begin in September this year.

But instead of co-operating with the Court, Kenya’s rulers have done all they can to resist it. The Kenyan government whipped up a storm of anger at May’s African Union summit against the international court. In its discussions the African Union accused the ICC of “targeting Africans” and “race hunting.”

Meanwhile, in Kenya itself key witnesses against President Kenyatta and William Ruto have been mysteriously disappearing, while others have retracted their evidence. The ICC complains of “unprecedented witness interference.” 

Kenyan elite has learnt that the past is best buried deep, and carefully raked over. There are just too many embarrassing secrets to uncover – some which stretch back to the colonial era. 

An imprisoned Mau Mau soldier in Kenya, 1955. Photograph: Three Lions/Getty Images

Martin Plaut is a fellow at the Institute of Commonwealth Studies, University of London. With Paul Holden, he is the author of Who Rules South Africa?

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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.