Tales of British brutality in Kipsigis land

Old wounds were reopened and tears flowed freely as victims of the British colonial government narrated to the United Nations what they went through.

About 20 members of the Talai and Kipsigis communities, who were evicted from their land, relived their harrowing experiences to Prof Fabian Salvioli, a United Nations Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-recurrence.

The UN took over the case filed by lawyers of the 115,000 victims, with the help of the Kericho devolved government, following what they termed as the refusal of the British government to acknowledge the atrocities carried out against the Kipsigis and the Talai.

“I was sexually assaulted by British soldiers more than 50 years ago. I never got medication but survived on traditional herbs. I could not walk for a long time,” an elderly man narrated his experiences in a teleconference with Prof Salvioli who is based in Argentina and the UN High Commissioner for Human Rights, Geneva.

The man said he never talked about the experience for fear of stigma.

“I have had problems with my bowels since. I could not bear the shame of telling anyone what I had gone through. This case has given me an opportunity to express my rage,” he said at Kericho county government offices.

Another man said he was also sexually abused by British soldiers, beaten and hacked as he worked at a plantation in Naivasha.

“They accused me of being a Mau Mau sympathiser and cut me with an axe. The four soldiers dragged me into a bush and sexually assaulted me repeatedly until I passed out,” the octogenarian said.

The two-day conference also heard of women being raped as they fetched water or firewood, houses being burnt and families banished and subjected to hard labour.

Journalists were briefed after the conference yesterday.

Lead lawyers – Rodney Dixon and Joel Kimutai Bosek – said the hearing has given a fresh impetus to the case and hope to their clients who hail from Bomet and Kericho counties.

“It has been necessary to escalate this case to the international level due to the failure by the British government to engage those who have suffered wrongs that are still being felt today,” Mr Dixon said.

Dr Bosek said multinationals are still making huge profits from tea grown on land that was taken from natives, reducing generations to grinding poverty.

“It is many decades after Kenya’s independence and we are still grappling with the injustice. The hearing by the UN rapporteur is a milestone in the quest for justice,” the Nairobi-based lawyer told reporters.

The complaint was filed at the UN on September 10, 2019.

Originally, a complaint was filed with the British government on behalf of the victims in November 2018.

The families called for investigations into the atrocities committed by the British colonial authorities against the Talai and Kipsigis.

However, the United Kingdom said it had “no intention of entering into a process” with the families and victims.

It is for that reason that the issue was escalated to the international level.

The Kericho and Bomet devolved units sought a ruling by the National Land Commission (NLC) to the effect that there was injustice when locals lost their ancestral land.

The commission agreed with them in 2019.

It gave several other recommendations, including ordering a revaluation of the vast pieces of land owned by the tea multinationals.

During yesterday’s press conference, Kericho Governor Paul Chepkwony said the team has done all it can to urge the British government to admit that crimes took place during the colonial era “but has been ignored many times”.

“We cannot ignore the truth. Many of our people suffered unbelievable cruelty and hardship under the British. The effects of what happened are still being felt. I am filled with hope after the meeting between the UN Special Rapporteur and our people,” Prof Chepkwony said.

The UN Special Rapporteur is expected to review the complaints and evidence filed, along with the testimony from the survivors.

Prof Salvioli will thereafter make recommendations which he will send to the British government for a response, expected within 60 days upon receipt.

The report will be made public once the British government has responded.

Representatives of the surviving victims – Everline Ruto and Dickson Sitienei – read a statement appreciating the efforts to seek justice.

“We thank the UN Special Rapporteur for listening to us and our lawyers. Being ignored for such a long time by the British government has been difficult,” they said.

“We cannot feel free until the British acknowledge their mistakes.”

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