Sep 19, 2021

Mawazo Writing Africa

Writing about the main

UN asks Kenya to share crucial information on historical injustices

The UN Human Rights Council wants to know if the colonizers offered any form of reparation, mental and physical rehabilitation to the Talai and Kipsigis communities who suffered human rights abuses and evictions a century ago .

The letter to President Uhuru Kenyatta follows a petition submitted by Kericho Governor Paul Chepkwony through Queens Counsel Rodney Dixon and Attorney Kimutai Bosek to the UN in Geneva.

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“… we would be grateful for your comments on the following topics: Please indicate Whether the United Kingdom, Great Britain and Northern Ireland Government has provided financial support and / or whether the multinational tea companies provide social, medical and educational services, infrastructure and essential utilities to to alleviate or compensate the suffering of the victims, as recommended by the National Land Commission ”, says the message of six Special Rapporteurs.

You are Fabian Salvioli, Special Rapporteur for promoting truth, justice, reparation and guarantees of non-occurrence, Balakrishnan Rajagopal (adequate housing), Jose Francisco Cali Tzay (rights of indigenous peoples), Cecilia Jimenez-Damary (internally displaced persons), Tendayi Achiume (racial discrimination and xenophobia) and Nils Melzer ( Torture and degrading treatment).

The proceedings against the British government were officially started in 2014 by Mr Chepkwony on behalf of the victims.

Evidence Collected

With the help of Queen’s Counsel Karim Khan, who is now a prosecutor at the International Criminal Court, an intensive gathering of evidence was carried out.

According to the detailed explanation from Great Britain, the gun jumped. They created immunity by setting a timeline for the initiation of land and bodily harm cases, which made the case “practically impossible”.

The UK Restraints Act of 1980 and the following The decision of the British courts has everything to do with it.

Section 11 statutes barred three years for personal injury claims and 12 years for land claims (Section 15).

Section 33 of the Act, however, gives the court the discretion to only lift (and not end) the limitation period for personal injury if the lawsuit occurred after June 1954. < / p>

In previous Kenyan cases, the court refused, at its sole discretion, to lift the statute of limitations for victims of alleged abuse in the 1950s.

In November 2018, the British Government requests approval to settle dispute with the Kipsigis and Talai. put people and meet with their representative.

“However, on February 27, 2019, the government replied that it” has no intention of initiating any proceedings “to address them To settle claims. ” refers to the UN letter of July 2nd.

Petitioned NLC

The complainants had at the NLC filed a petition on the matter in 2018. The four-member panel chaired by former Commissioner Samuel Tororei ruled in their favor The six Special Rapporteurs are concerned about the failure of both the Kenyan and UK governments to implement the NLC ruling.

“We applaud the decision and recommendations of the NLC in 2019 in Kenya in connection with the seizure of land belonging to the Kipsigis and Talai peoples. However, we are concerned about the apparently inadequate implementation being addressed to the Kenyan government, “said the Council. The Special Rapporteurs noted that Kipsigis and Talai along with others indigenous peoples have been subjected to grave human rights violations such as unlawful killing, sexual violence, torture, inhuman and degrading treatment, arbitrary detention, arbitrary displacement and violations of the right to privacy, family life and property.

An estimated 500,000 Kipsigis and Talai suffered the violations.

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