Legacies of Colonial Violence in Contemporary Transitional Justice: Memories of Mau Mau, the ‘Kapenguria Six’ and the ‘Ocampo Six’ in Kenya

ABSTRACT∞ This article assesses the enduring impact of colonial violence in responses to modern conflict by transitional justice mechanisms. It presents an example of how societies continue to be structured by racial and colonial injustice and how this influences contemporary transitional justice. This is done through an analysis of the popular memory of the Mau Mau insurgency from 1952 to 1960 in Kenya, the trial of the six Kenyan nationalists known as the ‘Kapenguria Six’ by the British colonial administration and the trials of six Kenyans alleged to be most responsible for orchestrating the 2007–2008 post-election violence in Kenya, known as the ‘Ocampo Six’ before the International Criminal Court (ICC). In the Kenyan context, the influence of memories of colonial violence enabled the promotion of political agendas and arguably coloured public debate surrounding the two Kenya cases before the ICC. Transitional justice mechanisms such as the ICC do not operate in an ahistorical vacuum and international criminal trials as a form of transitional justice may be contested where there is no genuine accountability, redress or reparations for victims of colonial crimes. However, the juxtaposition of colonial crimes and the ICC prosecutions in Kenya also raises important questions relating to accountability for historical crimes in former colonies, the temporal limitations of transitional justice mechanisms and their unequal application.