A Group claiming to represent genuine Mau Mau heroes, has moved to the High Court in Nakuru seeking to be enjoined in a civil suit filed by the Kenya Mau Mau Union (KMMU) that seeks to compel the government to resume the resettlement and compensation scheme for freedom fighters that was put in motion in 1975.
The Mau-Mau Governing Council of Kenya (MGCK) through its Secretary General John Ngene submitted before Justice Samuel Mohochi that its over 500 members stood to suffer irreparable damage, if it was not allowed to be part of the litigation that was filed before the High Court by KMMU in July this year.
The MGCK in the application supported by a sworn affidavit by Mr Ngene averred that after the declaration of state of emergency in 1952 against Mau-Mau uprising and proscription of the movement prior and after independence, the council was privy to information that would help the court reach a fair determination.
In the suit KMMU is further seeking orders from the High Court to bar the Dedan Kimathi Foundation (DKF) and Mau Veterans Association (MVA) from interfering with the resettlement and compensation scheme once it resumes.
Justice Mohochi directed that the matter be mentioned in February next year to set a date for the ruling on whether the Mau-Mau Governing Council of Kenya (MGCK) will be enjoined in the suit.
In the civil matter the KMMU chairman John Mwangi, Secretary Elizabeth Mburu and its patron Peter Tena have indicated that they are suing on behalf of over 1,000 affiliate members.
The petition filed on behalf of KMMU through lawyer Ombati J Ombati has also named Principal Secretaries National Treasury, Ministry of Culture and Heritage, Ministry of Interior and National Government Administration and Ministry of Lands and Physical Planning as respondents.
The Chief Registrar of titles, the Auditor General and Attorney General have also been listed as defendants.
In Court papers, Mr Ombati claims that the defendants conspired to conceal contributions geared for Young Kikuyu Association and Mau Mau freedom fighters towards a settlement scheme and compensation programme.
KMMU alleges that though resources towards the settlement were released after the government land resettlement scheme was commissioned in 1975 through a presidential directive, the process had been delayed.
“As a result of the foregoing the Mau Mau victims and their families continue to wallow in poverty years after the independence,” they said in the petition.
The Petitioner posits that they have been consistent and vigilant in asking for restitution and compensation all through since independence was achieved and should therefore be granted the orders they seek.
The veterans also want the court to further provide the process by which the resettlement and compensation will be conducted directly to the Mau Mau fighters and their families.
By Jane Ngugi and Dennis Rasto
