African leaders are escalating their push to have colonial-era crimes formally recognised and addressed through reparations, moving to classify colonialism itself as a crime against humanity. The move signals a determined effort to settle historical accounts that continue to shape the continent's present.

For Kenya, this is not a distant diplomatic debate. It is a conversation rooted in the deep scars of the past—from brutal land seizures to the suppression of the Mau Mau uprising—and the profound economic inequalities that persist today. The African Union's push provides a new international platform for grievances that have simmered for generations.

At a conference in Algiers, diplomats convened to build on an AU resolution passed earlier this year aimed at creating a unified African position on reparations. Algerian Foreign Minister Ahmed Attaf emphasized that restitution is “neither a gift nor a favour.” “Africa is entitled to demand the official and explicit recognition of the crimes committed against its peoples during the colonial period,” Attaf noted, calling it an essential first step to addressing the “exclusion, marginalisation and backwardness” that followed.

Kenya's Painful Precedent

The fight for reparations is familiar territory in Kenya. The landmark case of Mau Mau veterans successfully suing the British government set a powerful precedent. In 2013, the UK government agreed to a settlement of £19.9 million (approx. KES 3.4 billion) for over 5,200 claimants who had been tortured and abused. Foreign Secretary William Hague formally recognised that Kenyans were subjected to torture by the colonial administration and expressed “sincere regrets.”

However, justice remains incomplete for many. Just last year, a UK court dismissed a case by over 40,000 Mau Mau fighters, ruling that too much time had passed for a fair trial. This decision was devastating for the claimants, whose lawyers argued that the British government had deliberately avoided investigating the abuses at the time. Other communities, like the Kipsigis and Talai in Kericho County, continue to seek justice for land forcibly taken for tea plantations.

The Lingering Economic Scars

Beyond individual atrocities, the economic architecture of colonialism continues to cast a long shadow over Kenya. Analysts point to a direct line between colonial policies and today's vast inequalities. Key issues stemming from this era include:

• Land Inequality: The most productive land was alienated for settlers, and post-independence, these structures of privilege were often maintained, leading to worsening land inequality.
• Distorted Economy: The colonial model created an economy that produces what it does not consume and consumes what it does not produce, reinforcing a dependency on exporting primary commodities.
• Regional Disparities: Infrastructure and development were concentrated in areas deemed productive for the colonial administration, entrenching regional poverty that persists today.

The current AU initiative seeks to address these systemic issues, arguing that colonialism was not just a series of violent acts but an economic system of plunder. The UN Charter outlaws seizing territory by force but does not explicitly name colonialism, a legal gap leaders are now determined to close.

As African nations work towards a unified strategy, the outcome of this push could reshape international law and offer a new path toward healing the deep, generational wounds left by a painful history.