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Exhibit CE1 Knowledge of and the reaction of the CA and CO to Abuses, 1953- 1955

Screening Abuses

1. Chief Secretary Report, 23 March, 1953:

“I understand that at the round-up and screening of Africans in the Native Locations on Saturday there was a good deal of unnecessary brutality mainly by the screening teams brought in from the Reserves, but with acquiescence of the Police and the K.P.R. (EMER 45/19A, memorandum to Chief Secretary, 23 March, 1953).” [Emphasis added]

2. Incidents at Punwani Hall of 22 March, 1953: “Mr. Potter hopes however that on future occasions steps will be taken to prevent screening teams getting rough.”(EMER 45/19A, Bates 000604, Memorandum from Magor to O’Rorke, 22 April, 1953; EMER 45/19A, Bates 000606, O’Rourke to Potter, “Alleged Incidents at Pumwani Hall.22.3.53”).”

3. Embu Screening Team. Whyatt, Member for Legal Affairs to Governor, 29 May, 1953:

“Y.E. [i.e. Governor] will be very concerned to read of the appalling goings-on of the Embu screening team and of the authorities at Thika… I need not elaborate on the story told by Njenga to the Solicitor General on the 26th May. If it be a true story, the facts speak for themselves, and if they ever become public property, then I fear the good name and prestige of the Kenya Government will suffer gravely…The impression which the Asst. Commissioner of Police has gained from all this is that the situation created by the activities of the Embu Screening Team is such a shambles that the authorities at Embu do not wish it to be properly investigated and cleaned up by the C.I.D. from Nairobi. There are even grounds for suspecting, in his view, that the District Commissioner at Embu is being “run” by the Executive Committee. If I remember rightly this is the same officer who behaved with such grave impropriety in the case which Canon Bewes reported to the Archbishop of Canterbury.” (AA 45/26/2A Vol 1, Bates 001597-98, Memorandum from Whyatt, Member for Legal Affairs to Governor and Chief Secretary, 29 May, 1953).

4. Further Police Reports refer to the “beating” of the Railway employees by the

Home Guard who were conducting screenings in May and June 1953.1 There

are other reports of abused by the Screening Team at Koru in October 1953.2

Further abuses reported of detainees at Nandi Hills Police Station.3

1 H.R. Walker, Senior Superintendent of Police, “Assaults on Railway Employees by Members of the Home Guard – Uplands Area,” 14 August 1953 2 (AA 43/26/2A, Vol 1, Bates 1552-60, Letter from J.F. Wisden to Chief Secretary, 19 October, 1953). 3 (AA 43/26/2A, Vol 1, Bates 1553, Letter from Richard Frost to Chief Native Commissioner, 27 October, 1953)

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5. In 1954, there are extensive allegations of abuses at the Nanyuki and Nakuru

Screening Camps.4 There is also a complaint against Kikuyu Guard made by

settler, Dr. C.J. Wilson. Beatings, rape, and false accusations against Mau Mau

suspects by the Kikuyu Home Guard, particularly in the Gitaru Post in the

Chura Division of Kiambu District.5

6. On 14 December 1954 K.P. Hadingham, Assistant Commissioner of Police,

Nyeri Area, reports with regard to the area of Mathira in Nyeri District:

“It is the opinion of many that the Tribal Authorities, including the Kikuyu Guard, have far too much authority; they possess the power of ‘life and death’. Abuses of this power are a daily occurrence. Bribery and corruption are rife amongst so-called ‘Loyalist’ groups. In the words of the District Officer, Mathira: ‘It must be faced up to quite openly and frankly that Summary Justice has, undoubtedly, been carried out in many instances…’ Acts of murder, rape, arson, robbery and extortion directed against the local population, even though they be Mau Mau sympathizers, can never be terms as ‘the Administration of Justice’.”6

CA and CO’s reaction to the allegations of abuses 1953-55.

7. The CO is aware early in the emergency of abuses, and is answerable to the

House of Commons. The Colonial Secretary asked for further evidence from

Governor in reparation for his House of Commons Reply, February 1953

regarding, “…how many instances have been reported to him or complaints

made to him to effect that some of these women have been terrorized and

beaten up by Police.” (EMER 45/19A, Bates 00579, Telegram from Secretary of

State to Governor, 28 February 1953).

8. The Colonial Office had knowledge of shootings, and queried Colonial

Administration about them, February 1953:

A number of recent incident reports from Kenya have recorded the shooting dead of Africans after being called upon to stop by authorised officers. Altogether the total number shot in this

4 For example, CAB 19/4, Vol I, Bates 0117336-38, “Chief secretary’s Complaints Co-ordinating Committee,” 6 December 1954. 5 (AA 45/55/2A, Bates 0007371-72, Letter from Dr. C.J. Wilson to Chief Native Commissioner, 12 September,1954). 6 (AA 45/55/2/2A, Bates 007765-67, K.P. Hadingham, Assistant Commissioner of Police, “The Situation in South Nyeri Reserve with Particular Reference to Mathira,” 14 December 1954).

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way is not inconsiderable and is very noticeable. We are bound to have a Parliamentary Question about it before long, or the Secretary of State will be asked to make a statement. Neither of these is in itself anything more than the usual accompaniment of political life here, but I confess that those of us who are fully aware that the situation cannot be handled with kid gloves are still a little concerned about the number of these shootings. (EMER 45/19A, Bates 000580, “Letter from Rogers, Colonial Office, to H.S. Potter, 12 February 1953).

9. The House of Commons called for an enquiry into shootings, stating:

That this House is disturbed by a European Officer in Kenya Police Force who reports that Home Guard on patrol shoot prisoners or other Africans who fail to stop when called upon and that Police work is carried on without the check and control which obtains in this country; this House therefore calls upon the Secretary of State for the Colonies to institute an immediate enquiry into these conditions. (EMER 45/19A, Bates 00576, Telegram from Secretary of State to Governor, 21 March 1953).

10. The Colonial Secretary sends savingram to Governor, with reference to letter

from victim to Fenner Brockway, together with two photographs, about alleged

extortion and brutality by Home Guards. (EMER 45/55/2A Vol 1, Bates

003140, Savingram from Secretary of State for the Colonies to Governor, 15

January 1954).

11. A report from the Colonial Administration to the Colonial Secretary confirms

that Kabutha was examined by a medical officers “who found that he had been

severely beaten.” 14 members of the Kikuyu Guard charged with assault and

convicted and fined (EMER 45/55/2A, Savingram from Acting Governor to

Secretary of State for the Colonies, “Misconduct by Security Forces,” 10 April

1954).

Arthur Young and Duncan McPherson, Allegations of Abuse, 1954-55

12. In a letter dated 22 November 1954, Young writes to the Governor regarding

the lack of impartial investigations into allegations of abuse:

“The other lamentable aspect of this case [i.e. Judgment of the East Africa Court of Appeal, Criminal Appeals 891 and 892 of 1954] is the horror of some of the so called Screening Camps which, in my judgment, now present a state of affairs so deplorable that they should be investigated without delay so that the ever increasing allegations of inhumanity and disregard of the rights of the African citizen are dealt with and so that Government will have no reason either to be embarrassed or ashamed of the acts which are done in its name by its own servants. As things are at present there is no one who can investigate such allegations and no independent authority who is responsible for the conduct at these

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camps. An African who is unfortunate enough to suffer from the brutalities which are clearly evident has no one to whom he can complain and no one to regard his interests since the local Administrative Officer is, himself, the authority for the camps. Moreover, the injured person is unlikely to appeal to the police for redress if they are to be regarded as subordinate to the Executive…I do not consider that in the present circumstances Government have taken all the necessary steps to ensure that in its Screening Camps the elementary principles of justice and humanity are observed.”7 [Emphasis Added]

13. McPherson summarizes his findings in a letter to Young dated 23 December

1954 which I quote at length:

“These cases have brought to the surface a state of affairs that confirms strong suspicions I had entertained during my perusal of similar cases. In my view, political expediency, or any other ingredient, is a clear interference with the course of Justice and completely conflicts with the basic principle of police procedure. Police have a clear statutory duty to perform in such cases and any “pressure” to deviate from that duty strikes hard at that basic absolute impartiality that Police Officers on Oath to their Queen have sworn to observe in the course of their duties…….

It is impossible to assess the situation. It has only come to surface as a result of constant probing by the Police and has finally come to a head when Police refused the Administration’s request not to proceed with murder charges against a certain Chief. The reason given was “Political Inexpedience.” This was voiced by no other than His Excellency himself. This, to my mind, clearly sets out the confidence that Government entertains in respect of these men. I submit, with the greatest respect, a confidence which is not justified.

In this morass the Kenya Police Force stands by helpless to prevent these savage killings, helpless to prevent any loyal citizens who might find courage enough to inform them of these happenings from being captured and sent to Detention Camps, helpless to prevent any citizen from being dragged from his bed to suffer the horrors of so-called screening, helpless to prevent the fabrication of evidence and trumped-up charged for certain conviction, helpless to impart that service or impartiality for which they have been trained. They may still be considered the Guardians of the Law but they are most certainly in no position to carry out their proper functions.

I regret to report that I find no evidence to suggest that the Administrative Authorities, who are responsible for these Homes Guards, are conscious of the important duties and responsibilities of the Police.

There is no feeling of usefulness that would indicate a helpful attitude to assist us in our enquiries. On the contrary there is an ever present air of nuisance value and a more than necessary endeavour to “white-wash” the culprits and to infer that the allegations are the produce of fertile minds directed against the Government. 8 [Emphasis added]

14. Governor Baring commented on the abuse of Kikuyu Guard in a December 1954 directive, after Young’s resignation:

7 (AA 45/55/2/2A, Bates 007783-84, Letter from Young to Governor Baring, 22 November 1954). 8 E19/14171, Bates 010910-17, Letter from McPherson to Young, 23 December 1954.

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I feel considerable disquiet at the number of instances which have recently come to notice in which members of the Kikuyu Guard have abused their position either to pay off old scores or to assault persons in their captivity. I do not propose to set forth the cases in detail. They range from petty corruption to capital offences and all are the subject of either a departmental enquiry or police investigation…But now that conditions are becoming more normal it is essential that the problem of the holding and interrogation of suspected persons should be dealt with more in accordance with normal peacetime practices.”9

Amnesty, January 1955

15. Amnesty and European crimes. In January 1955, the Colonial Secretary was

made aware via telegraph from Governor that 8 Europeans subject to

allegations, and who will be given immunity from prosecution: One district

officer, accessory to murder; one District Officer and one KPR Officer,

accessories after the fact to murder of two Africans in screening camp; One

Kenya Regiment Sergeant and one Field Intelligence Assistant, assault by

“beating up and burning two Africans during screening operations”; One

District Officer, “murder by beating up and roasting alive of one African in

Home Guard Post”; One District Officer, “murder by shooting of African after

interrogation”; One District Officer, “murder by shooting of African after

interrogation”.” Governor goes on to state:

I had not myself realized until today that extension of the principle of clemency to all members of the Security Forces involved so many cases with Europeans as principals. I suggest that in Press conference you avoid detail as much as possible if this question is raised.”10

16. In a telegraph of February 1955, after the January Amnesty, from the Secretary

of State for the Colonies to the Governor, Colonial Office expresses explicit

concern with responding to Young’s resignation in the House of Commons

stating, “in this context criticism of screening processes and allegations of

indiscriminate detention” will likely be raised. The telegram then details

extension knowledge of Colonial Office of “innocent persons picked up in a

mass screening operation such as the recent one at Nakuru,” the impact of

9 AA 45/79/3A, Bates 008216-008221, “H.E. The Governor’s Directive No. 4 of 1954,” 31 December 1954. 10 E16/3/8A, Bates 010774-75, Telegram from Governor to the Secretary of State, 17 January 1955.

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amnesty on Richmond and Chief Joshua Muria cases, among others, and

questions the “legal authority for procedure” of mass arrests. The telegram

continues:

I am sorry to inflict these questions on you at short notice but we are anxious to arm the Secretary of State with all possible ammunition to rebut criticisms upon rule of fear indiscriminate detention etc. and it is important he should be able to challenge inaccurate statements and figures. Anything else which could be used to deny categorically that persons who may be innocent are detained in large number or for long periods would be very helpful.11

17. With regard to Johnston’s refusal to investigate crimes prior to the Amnesty, he

wrote:

“I have no doubt that with the return of detainees to the Land Unit we shall get an increasing number of allegations of malpractices against members of the Administration and the Security Forces: it appears to me, therefore, essential that we stick strictly to the terms of the Amnesty and resolutely refuse to institute any enquiry into any allegations of malpractices which were said to have taken place prior to the 18th of January 1955.”12

Knowledge of and Reactions to Abuses by CA and CO, February 1955-December

1956

Fuller and Waters Case.

18. The CO demonstrated that it was reading/commenting on Chief Secretary’s

Complaints Co-Ordinating Committee. In this instance, the CO commented

upon the Fuller and Waters case:

The Acting Attorney General must of course take his own decision on the question of prosecution but we hope he may weigh that carefully before taking his decision, the very serious view which both the Secretary of State and Kenya Government must take of these alleged offences. We certainly take a most serious view of them because of their nature and we also feel history of amnesty for Emergency offences makes it all the more important not thereafter to tolerate conduct of the kind which then had to be condoned.”13

11 AA 45/26/7A, Bates 004037-40, Telegram from Secretary of State to Governor, 13 February 1955.

12 AA 45/135/1A, Bates 4071, C.M. Johnston to Eric Griffith-Jones, Minister for Legal Affairs, 20 January 1956. 13 AA 45/55/2A, Bates 007169-70, Confidential Letter from W.A.C. Mathieson to Crawford, c. August 15, 1955.

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19. It should be noted that the charges against Fuller and Waters, as quoted in East

African Standard where:

Between May 4 and 10, brutalities were practiced on him [Kamau s/o Gachina] to make him confess. No effort was spared to force him to admit guilt. According to the magistrate, ‘he was flogged, kicked, handcuffed with his arms between his legs and fastened behind his neck, made to eat dirt, pushed into a river, denied food for a period and left out for at least two nights – tied to a pole in a shed no surrounded by walls – with only a roof overhead and wearing merely a blanket to keep out the cold.” No medical attention sought.14

20. The CO felt intense public interest and pressure regarding the Kamau Gachina

case:

The comments range from particular aspects of the case itself, such as the ages of the Police Inspectors involved and the actual court proceedings, to the more general aspects of the combination of judicial and executive powers in one officer, the continuing malpractices on the part of the security forces, and the needs for a high level judicial enquiry into the circumstances of this and similar cases (implying criticism both of the ineffectiveness of Government action to prevent malpractices and of the working of the judicial system)….We expect the Secretary of State will have to answer, and with comments and articles in the Press, shop that the Kamau case is not going to be treated as an isolated incident but as symptomatic of a general breakdown of the rule of law in Kenya. There may be attempts to resurrect and link this up with the controversy over Colonel Young’s resignation…I think we have to show that a judicial enquiry is not the solution because the prevention of such malpractices can only be achieved by the most rigorous administrative action on the part of Government (such as the closer supervision of junior and inexperienced officers).15

21. Governor reports to the Colonial Secretary his concern with Barbara Castle’s

pending arrival in Kenya:

“She does intend to build up a case against Kenya Government with the aim of justifying an enquiry into criminal justice in its widest sense with a United Kingdom judge in the Chair.” Goes on to note that “All cases which have come to light have been actively investigated whether they are against members of security forces or anyone else; also, as you know, I have set up a special Complaints Co-ordinating Committee – minutes of which are sent to you.”16

Continuation of Abuses – willingness to investigate and prosecute.

22. Judge at Appeal Court issued criticisms leveled at the Police for “having handed

over two men to a Screening Camp for what the Court described as a “softening

up process”.17

14 AA 45/55/2A, Bates 007202, East African Standard, “3 ½ Years’ Jail for Officers,” 22 October 1955. 15 AA 45/55/2A, Bates 007157-58), W.L. Gorrell Barnes to Governor Baring, 7 October, 1955. 16 CO 822/799, Bates 016216, Telegram from Baring to Secretary of State,” 1 November 1955. 17 (AA 45/26/2A, Vol II, Bates 001612, Memorandum from Secretary for Defence to Commissioner of Police, “Interrogation of Persons in Police Custody,” 29 January 1955).

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23. Electric Shock used in Nyeri during interrogations. (CAB 18/24, Bates 010650-

58, “Athi River Detention Camp,” c. April 1955).

24. DO (KG) Johnston, shot and killed a 12 year old boy who emerged from his hut

during a sweep. “The official report made over the V.H.F. by Mr. Johnston was

the he had shot and killed one terrorist who failed to stop when challenged.”

Body never found. “No statements were recorded and no report was sent to the

Coroner.”18

25. Fjastad of the Kenya Regiment, where he is doing 2 years of National Service, is

reported to have perpetrated abuses against suspects. He tied a rope around a

suspect near Kirenga Village and rope was held by a Tribal Policeman, and jeep

then pulled away, with suspect behind, who “was dragged along the ground.”19

DC Kiambu writes that, “As you know this is the third occasion on which

Fjastad has been warned not to behave in an irresponsible or callous

manner…”20

26. Mara River Detention Camp, and Colonial Secretary’s direct knowledge of

abuse. In correspondence from the Colonial Administration, learns that four

Detainees were transferred to the camp on 16 April 1956.

On their arrival they were interviewed by the Camp Commandant, Mr. Lemon, and at this interview he struck one of them with a stick. He then gave instructions for the four detainees to double to and fro carrying heavy stones on their shoulders and beat then about the buttocks and shoulders with a stick to make them run faster. While he was doing so his Alsatian dog was running after the detainees and biting them. After a while Lemon topped beating the detainees and called two African warders, whom he instructed to carry on while he watched. The warders continued to beat the detainees with sticks until two of them collapsed and as they lay on the ground they were further beaten by the warders and by Lemon. The whole incident lasted about two hours The next morning the detainees were taken to the doctor at the Camp and were treated for their injuries. They have been “off duty” since that date but the medical report is that they are now either suffering from hysteria or malingering; there is, however, evidence that they did suffer actual bodily harm at the time of the assault.

18 (E16/3/8A, Bates 010747-48, Commissioner of Police to Chief Secretary, “Alleged offences of District Officers,” 9 May 1955). 19 (AA 45/55/2A, Bates 007257, Memorandum from DO Limuru to DC Kiambu, “Report on Incident involving D.O. K.G., Fjastad, 23 August 1955). 20 (AA 45/55/2A, Bates 007256, Memorandum from DC Kiambu to Secretary for African Affairs, “Incident in Lari Location Involving District Officer (K.G.) Fjastad,” 25 August, 1955).

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27. The report goes on to note:

Mr. Cameron “did not consider that “there is the slightest doubt that these detainees were subjected to unwarrantable and extremely harsh treatment by Mr. Lemon and that action should be taken against him.” Goes on to write that, “In the course of the C.I.D. investigation it became clear that there were other instances of brutality by Lemon and that in particular he had beaten prisoners with his stick which he called “walimu” (the teacher” and which was made of a number of lengths of electric flex covered with leather and that he had used a pair of ratchet handcuffs which he called “nyoka” (the snake) to torture prisoners. These handcuffs appear to be made of chain (like a bicycle chain) with a running loop at each end, they are put on prisoner’s arms above the elbow and the central links beaten with a stick; this causes stoppage of circulation and is very painful. There is also an allegation that detainees had been made to walk through the bush on their knees as a result of which their legs were raw and bleeding and they were unable to walk subsequently…The Rev. Mr. Chuch, a clergyman, visited the Camp from time to time and heard of allegations of brutality…On one occasion he came to the Camp for the purpose of seeing detainees being called together, at his request, for him to see, and his searching the dormitories for the injured men, he did not see them; it appears they had been taken over to the warders’ quarters and kept out of sight.” Outcome of the case: Lemon tried by jury and found guilty on 7 November 1956, fined Shs. 500./- and placed on probationary appointment. 21

Detainee Letters

28. May 1953. Londiana Forest Division, complaints against screening and HomeGuards. Complainant reports of “kicking anybody without cause good or bad….Rape, steal money, killing by sectret [sic], getting to break bones of good men will lay on Home Guard side.”22

29. September 1953. Letter from Athi River Detainees. Reports:

On April 24th, 15 cartridges were irresponsibly discharged by the askaris upon an order from a European officer to shoot detainees within the barbed wired compounds. As a result three men were rushed to the hospital with injuries on the head made either by batton charges or the bullets. Surely this was an attempted murder.”23

30. November 1953. Letter from Detainees at Athi River Detention Camp. Reports

of “horror and indignation are felt by detainees.” Details “Collective

21 EMER 45/22/2A, Vol 1, Bates 003157-58, Memorandum from Conroy to Governor, August 8, 1956; EMER 45/55/2A Vol 1., Bates 003117, Telegram from Governor to Secretary of State, “Allegations of Brutality in Mara River Detention Camp,” 22 November 1956; EMER 45/55/2A Vol 1., Bates 003116, Savingram from Governor to Secretary of State for the Colonies, 11 December 1956. 22 SEC 5, Bates 5201-03, Letter from Kamau to Sir D.O., 23 May, 1953. 23 EMER 45/22/1A, Bates 00717-720, Letter from Athi River Detainees to The Right Honourable Gentleman, 29 September 1953.

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Punishments,” and “Forced Labour.” States that “We are often abused…abusing and whipping of detainees.”24

31. December 1953. Bahati Resistance Movement Center, suspect reports he was forced to confess “by repeated beatings.”25

32. January 1954. Letter titled, “Killings without Reason Why,” detailing brutalities of Limuru Administration and Screening. Reports on April 2nd, 1953, six men (names listed) were killed by Mr. W. Fowler, a Limuru farmer, and a Limuru European K.P.R. The murders took place when deceased men were called out of their huts and shot dead; bodies put into K.P.R. Officers’ LandRover. Another three men were injured. In a separate incident four suspects were shot at the Tigoni Police station, two died. Questions “whether it is legal to capture people for Mau Mau suspicion and without any case heard be killed?”26

33. January 1954. Letter by recently released Athi River detainee details the

abuses perpetrated by three Europeans (Can Cuningham, Keane, and Catin) in Headman Munugu’s Sub-Location in Kiambu District on 29 November, 1952. Details how he was hung upside down from two poles, with both arms tied backwards. He was then beaten on his feet. He states that:

I was tied also the testicles. One of the European took two small sticks and the two testicles between the two sticks, pressed them very heard and started beating with a thick end of the whipe, I became unconscious again, I was untied…After a little while I could be conscious again I told to kill me there to heart me like that a motor car foot pump was brought, and the tube place in my bottom, and pumped, Until I was like a ball; at that time again I said “Kill me”, then a life snake was taken out of a box and tied round my neck like a tie; but one of the Europeans kept holding its neck and its tail sweenging at my chest.”27

34. January 1954. Letter from signed by nearly 100 Athi River Detainees to The

Right Hon’ble Delegates of All Parties from the British Parliament. The letter details beatings/abuses in the camp. It also details there arrests, where: Most of us remained in the Police cells or barbed wire-camps which were numerous in the Reserves…When in the hands of the Police, Security Forces and the Kenya Regiment, we experienced undescribable [sic] atrocities and tortures:- (a) Castration of men by beating the sexual organs or by electrifying. Many died of this process and a few are surviving. (b) Our companions were taken from the cells, taken by trucks in the forests and shot dead. Their bodies were left unburied in the field. (c) Men were hung by their tendons with their faces downwards for days. (d) Our properties, livestock and motor vehicles were confiscated and we were robbed of our money. (e) Many houses were burnt leaving our families homeless. (f)

24 EMER 45/22/11A, Bates 000707-11, Letter from Athi River Detainees to Hon. The Chief Secretary, 9 November, 1953. 25 SEC 5/A, Bates 005176-5719, “Investigation into Statements Made by Kamau s/o Nganga at Bahati Resistance Movement Center.” 26 EMER 45/55/2A, Vol 1, Bates 003133-34, Letter from K. Gabelne s/o Nganga to Commissioner of Police, “Re: Two K.P.R. European Officers,” 19 January 1954. 27 EMER 45/55/2A Vol 1, Bates 003135-38, Letter from Wamahia, sworn before Commissioner for oath at Nairobi, 21 January, 1954.

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Some victims were burnt by pouring petrol or paraffin oil on their bodies and burnt. (g) Under-aged girls were raped by the unscrupulous members of the K.A.R and Home Guards.”28

35. April 1954. Letter from two African screeners at Bahati Screening Camp, sent to the camp by the African Inland Mission and the African Church leaders. The two screeners report numerous abuses ongoing at Bahati by both Africans and Europeans. Among other things, they report: At Bahati we saw that through fear of being kept there a long time and given punishments, people have said that they have taken the oath, even though it was not true. People get hard blows from screeners. They take them into a certain room where there is a small hole for them to put their finer in and go round and round it. We saw some people fall down exhausted, and they were picked up and told to go round again. Some people got faint right there, and it is well that some have not died. More than once I saw a man put in the midst of a group of women who struck him hard blows with their hands from all sides telling him to confess the oath.”29

36. August 1954. Letter from detainees at Kamiti Camp reach Members of

Parliament. Allegations that women in camp forced to bury “naked bodies of condemned prisoners executed in Nairobi;” “pregnant female convicts are required to perform hard labour;” “high death rate in Prison due to inadequate medical attention.”30

37. August 1954. Letter from Kamiti detainee, addressed to Chairman of the Commonwealth Parliamentary Association, copies to MPs Eirene White and James Griffith, and to Mathu and Gikonyo. Notes that detainees in Kamiti are screened prior to conviction. Detailed listing of abuses, including:

When we were being screened before conviction, hot boiled eggs is put inside our tender organs and legs pressed together until egg break and a piece of stone dipped in ice water is used in same manner or the leaves of stinging nettle plants are used – sometimes are tats are pressed by a pair of pliers…We do too hard labour for women such as making roads and carrying the soil on our heads…Hunger is the biggest hardship on us, the ration have been cut short by half…When we are doing the hard labour of digging holes for the dead there is no difference between a pregnant woman and others…prison warders and men warders beat us very hard.”31

38. June 1955. Complaint of abuse/beatings at Kajiado Detention Camp.32

39. April 1956. Letter from Detainees at Manyani Camp titled, “Petition on

Detainees Grievances,” sent to Honourable Secretary of State for the Colonies.

28 EMER 45/22/1A, Bates 00696-00703, Letter from Athi River Detainees to The Right Hon’ble Delegates of All Parties from the British Parliament, 20 January 1954. 29 AA 43/26/2A, Vol. 1, Bats 001479, Onesimus Waitara and Elizaphan Machaga, “Report on Bahati Screening Camp Nakuru District,” c. April 1954. 30 EMER 45/55/2A Vol 1, Bates 003185, Pollok-Morris to J.H. Lewis, “Complaint – Kamiti Prison,” 31 August 1954. Denials of allegations by Kenya government attached (EMER 45/55/2A Vol 1, Bates 003184, Memorandum from Lewis, Commissioner of Prisons to Secretary for Defence, “Complaint – H.M. Prison Kamiti,” 2 September 1954. 31 EMER 45/55/2A Vol 1., Bates 003186-003187, Letter from Njiri d/o Wanjiku to The Chairman, 20 August 1954. 32 EM 6/2/2/2 Vol II, Bates 011121, Statement of Nkurruna Ole Tuana of Matapatu Section, 20 June 1955.

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Letter provides extensive details of conditions and abuses, including, “Brutality of Officers.” Detainees write:

We humbly request her Majestys Gov’t to appoint a commission of enquiry to probe into the following, acts of brutality by the Prisons Department Officers. The many deaths which occurred among the detainees who were catered for the digging of the EMBAKASI AIR FIELD. It is a fact that while the detainees performed the task they suffered malicious and brutish beatings by the warders, and this brought about an average of three “on the spot” deaths per day during 1953-1954. The deaths which occurred in Manyani Detention Camp during 1954 and 1955. Most of which were alleged to have emanated from typhoid epidemic. It is believed that a “riot squad” of warders in the camp, and which always was alert at any call was an outcome of a good portion of these deaths.”33

40. January 1956. Saiyusi Island Camp Letter signed by 17 detainees. Details

abuses and communal punishments. States: Warders in this camp are allowed to and do held against us clubs and sticks, knives and whips, some sticks weigh more than 3 lbs. They carry these items in addition to their authorized batons. We will show investigation team, if set up, wounds, bruises and teeth cracks which have been implicated on our bodies by warders with these sticks.”34

41. November 1956. Letter from Mageta Island Detainees to Mr. Argwings Kodhek.

Note that the contents of this letter are shared with the Secretary of State for the Colonies (EMER 45/22/10A, Bates 000841, Minute to File, 10 January 1957). Secretary of Defence also noted that: It is understood that this letter is the basis of recent newspaper articles in the United Kingdom on which we may be attacked.” (EMER 45/22/10A, Bates 000838, Memorandum from Secretary of Defence to Commissioner of Prisons, “Mageta Island,” 18 January 1957). The letter by the detainees details poor conditions and lack of water at the camp. Also notes, “In case of beatings, we are hushly beaten some of us are having their ribs, legs, and arms broken by the Camp Officers and Warders. And as mentioned above that we don’t get water, we also don’t get supplied with soap…On 23rd Nov. when we were being beaten, shorts [sic] were fired in one of the camps holding 800 men, and 13 people were wounded.” (EMER 45/22/10A, Bates 00842-83, Letter from Mageta Island Detainees to Mr. Arwings Kodhek, 20 November 1956). Reply offered by Commissioner of Prisons, denying/minimizing allegations (EMER 45/22/10A, Bates 000834, Memorandum from Commissioner of Prisons to Secretary for Defence, “Mageta Camp,” 25 January 1957). Minister of Defence, upon further investigation, recommends “that Mageta should be closed at the earliest practicable moment.” (EMER 45/22/10A, Bates 000828-000831, Memorandum by the Minister for Defence, “Detention Camps – Mageta and Saiyusi,” 6 February 1957. However, ultimately decided in War Council not to close Mageta, as “the general atmosphere on the island is better than at Manyani.” (EMER 45/22/10A, Bates 000817, “The Proposal to Transfer the Mageta Detainees to Manyani,” no date).

42. November 1957. Athi River Camp. Detailed letter of abuses and beatings at Athi River Detention Camp. Includes the following:

33 EMER 45/22/1A, Bates 000673-679, Letter from Detainees at Manyani Camp titled, “Petition on Detainees Grievances,” sent to Honourable Secretary of State for the Colonies, 10 April, 1956. 34 EMER 45/22/1A, Bates 000682, Letter from Saiyusi Island Camp Detainees to Chief Secretary, Nairobi, 22 January 1956.

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On 9th January, 1957 a group of detainees were picked from every compound and taken to a Special Compound No. 9 where they were heavily beaten by Screeners and Surrenders. The responsibility for this brutish act were allowed by the O.C. and Rehab Officer for they also gave the Surrenders handicuffs [sic] to hung their fellow inmates….They pour water to the detainees throughout the night, putting snuffing tobacco to ones eyes, and many other inhumanity acts.” The letter goes on to describe the death of a detainee on 21st March 1957 “because of being kept handifcuffed throughout the night and was heavily beaten.” Again on 9th July 1957 “the same action revived again in compound No. 9 and detainees were also beaten and on 18th July, 1957” another detainee died. The detainees called compound No. 9 “The human abattoir”. The letter details the use of tear gas, as well as the deaths of other detainees due to tortures in compound 9. With regard to visiting committees, the detainees write, “One of the atrocious acts of brutality is the prevailing lack of having no representative rights. When any committee of Inquiry comes to probe out the actions in the Camps, the officers may select a detainee whom he is double sure that will give the evidence on their sides instead of a visitor to collect all the grievances he reverts the camps as spectators looking at the human zoo.” This letter was sent to the Secretary of State for the Colonies, with copies to Brockway, Castle, the Governor, and others. (AA 5/21A Vol 1, Bates 009422-26, Letter from Athi River Detainees to the Secretary of State for the Colonies, 25 November, 1957. Secretary of State had clear knowledge of this letter, as noted by Commissioner of Prisons, “The Secretary of State for the Colonies has asked for an immediate report on the detainees’ allegations, many of which do not directly concern this Department.”35

43. January 1958. Manyani Detention Camp. Details the raping of wives by loyalists

“and the government has not prevent it and take action against these rapers.” Goes on to detail “Compulsory Labour” stating “this labour is forced to detainees by using tear gas and heavy clubs and running gauntlet starving and putting heavy pressure and all inhumane punishments to curse innocent detainees.”36

44. January 1958. Letter from prisoners at Embakasi addressed to Hugh Gaitskell; typed copy of letter in file for response. Letter details abuses and tortures in the detention camps, including the handcuffing of detainees, beating heads until “blood shed streamed on the floor.” Describe similar abuse in Mageta and Mara River Detention Camps.37

45. February 1958. Letter from Prisoners at Nyeri New Prison to Colonial

Secretary. Detainees detail abuses. They also specifically indicate brutalities in Mwea Camps. State, “These action of beating people in lieu of questioning, torturing and many other actions asmentioned are chielfly held to these camps. Aguthi works Camp Mwea works camp, Othaya works camp, Mweru works Camp, Karatria Works Camp within Nyeri District.”38

35 AA 55/21A Vol 1, Bates 009421, Memorandum from Commissioner of Prisons to PS for African Affairs, “Allegations by Detainees in Athi River Camp,” 10 March 1958. 36 AA 57/21A Vol 1., Bates 009396-97, Letter from Manyani Detainees, “S.O.S. Re: Detainees Complaints,” to His Excellency, 5 January 1958. 37 AA 57/21A/Vol I, Bates 009429-30, Letter from prisoners at Embakasi to Mr. Hugh Gaitskell, 13 January, 1958. 38 AA 57A, Vol VI, Bates 004656-57, Letter from Nyeri Convicts to Colonial Secretary, 20 February 1958.

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46. February 1958. Manyani Detention Camp. Offers details of abuse. Asks, “Can the mental mutation be achieved through punishments, torture, bullying, inhibition and all iniquitous infernal treatments?”39

47. March 1958. Letter from Detainees at Takwa Special Detention Camp to

Governor. Six page letter detailing abuses and torture. Letter titled, “Protection Against Molestation.”40

48. April 1958. Letter from Embakasi Prisoners to Secretary of State for the

Colonies. Details deaths, beatings, and tortures. For example, “Why African Convicts or Detainees murdered under European supervising African warders and African screening teams to do so, and after died stated that such as such died for certain diseases? Many camps like Karaba, Mwea, Athi River, most at Embu District following same suit.” Details how detainees dig hole where they will be buried up to their necks in order to force a confession. This is done, according to the letter, in Embu District, under Dennis Lakin’s direction. Letter demonstrates significant familiarity with the Mwea Camps, which would be consistent for some of the detainees were sent from Mwea into the prison system (ie. Embakasi).41

49. July 1958. Othaya Works Camp. Letter entitled “Detainees in the Defenceless Camp”. Details beatings and tortures, including: One of the atrocious acts of brutality is the heavy beatings which we are getting in this camp. Here, the detainees are malicely beaten by the warders while are out at work and also after their daily work…Even these days warders and cpls are carrying handcuffs with them to the places where the detainees are doing the work, there they beat the detainees, and if you ask the reson why you are so brutally beaten, you are then handcuffed…We would like to know whether the govt. has passed the law of whipping the detainees without camp command and Medical Officer’s knowledge. If there is when was it passed? If not, why are we so whipped?”42

50. November 1958. Letter from women at Kamiti Detention Camp to Patrick Gordon Walker, Former Labour Secretary Commonwealth Relations. The detainees detail abuses in the camp, for example, “We are screening by force and beat much when we are screening.” (AA 57/13A, Bates 008591, Letter from Nyrumbura w/o Mwangi to Patrick Gordon Walker, Former Labour Secretary Commonwealth Relations, 26 November, 1958); Gordon Walker brings this to the attention of the Colonial Secretary and Kenya Government. In addition, further allegations are raised about Gitamayu Detention Camp in Kiambu District. Kenya Government denies all charges, and in his response, J.S. Simmance, Officer i/c of Gitamayu Detention Camp writes, “This document

39 AA 57/21A/Vol 1, Bates 009419-009399, Letter from Manyani Detainees to His Excellency the Governor of Kenya, 15 February 1958. 40 AA 57/21A/Vol 1, Bates 009361-66, Letter from Detainees at Takwa Special Detention Camp to Governor Baring, “Protection Against Molestation,” 8 March, 1958. 41 AA 57/21A, Vol 1, Bates 009374-76, Letter from prisoners at Embakasi to Secretary of State for the Colonies, 28 April, 1958. 42 AA 57/21A, Vol 1, Bates 009198-200, Letter from Detainees at Othaya Works Camp, “Detainees in the Defenceless Camp,” to Hon. Chief Secretary, 9 July 1958.

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seems to have been a face of the most puerile kind, which some of the detainees presumably connived at with the assistance of a semi-educated outsider.” (AA 57/13A, Bates 008655-57, Letter from Simance to DC Kiambu, “Gitamayu Detention Camp,” 20 February 1959). Subsequently, the Kenya Government attempts to have all remaining female detainees declared as “mentally ill” and transferred to Dr. Margetts as “mental patients.” The Kenya Government then states that the Ministers for African Affairs and Defence “agreed that it would be advisable to proceed slowly in the matter and for the proposal to be put to H.E. personally, or to the Security Council, because, unless the ground is carefully prepared, it could be said that we had, by detention, made lunatics of these persons…For these reasons, I suggest you obtain the views of the Director of Medical Services on your proposal, and await the Fairn Committee’s Report. Then we could consider how to proceed.” (AA 57/13A, Bates 008616, Letter from Small to Garland, “Female Mau Mau in Custody,” 4 June 1959). Decided in August 1959, after medical examination, that “no sufficient reason could be found for referring any one of them for psychiatric advice and/or treatment.” (AA 57/13A, Bates 008604, Permanent Secretary/Chief Medical Officer to Ministry for African Affairs, “Female Mau Mau Detainees – Kamiti Prison,” August 24, 1959).

51. October 1958. Aguthi Works Camp. Letter to Colonial Secretary titled, “Hue & Cry from Aguthi Detainees.” Provides extensive detail on brutalities and tortures. Specifically refers to death of Kabugi Njuma of Nyeri:

He was terribly beaten by warders and the D.O. here called Samuel Githu. He was at the kidney using clubs, shoes, and sticks telling him to confess all the people he has murdered while the affected person was in prison prior to the Emergency.” Also notes that two others were beaten unconsconscious, and names them with prison numbers. The hand note in the file, from someone in the Kenya Government, states that “inquest held [re: death of Kabugi Njuma] and finding was death from natural causes.”43

52. January 1959. Hola Camp. Detainee send letter to Attorney General details

abuses, stating, “we were beaten,” and urging for medical attention.44

53. January 1959. Letter from Inhabitants of Gatundu Division, Kiambu detailing their “being beaten surroundingly in the villages by security forces.”45

54. January 1959. Letter from Detainee at Takwa Camp. States that he has

petitioned the Governor twice with no reply. Was in Kajiado Camp, Naikuyu Camp, Thwagi Camp, and now Takwa. Also states that at Thwagi, “I was then taken into a cell where brutality and indescribable torture ensured including the knocking off of some of my teeth.”46

43 AA 57/21A/Vol 1, Bates 009144-49, Letter from Aguthi Works Camp Detainees to Colonial Secretary, “Hue & Cry from Aguthi Detainees, 10 October 1958. 44 AA 57/21A, Vol 1, Bates 009046, Letter from Kingora Karingie to Attorney General, 1 January 1959. 45 AA 57/21A, Bates 009048-49, Letter from “Gatundu People” to Governor Baring, 10 January 1959. 46 (AA 57/21A Vol II, Letter from Wahome Kihia to Commissioner of Prisons, 21 January 1959).

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55. January 1959. Telegram sent from Detainees to Secretary of State for the

Colonies. Includes “Beating and extortion of confession by oppressive means continues…Opposed to violent means and compulsory confession by rehabs in detention and works camps…Appeal to your intervention end these inhuman measure…Letter follows.”47

56. May 1959. Marsabit Detention Camp. 15 Detainees write 9 page letter to

Governor detailing abuses and tortures. Also write, “There are instances of deaths we know of, caused by irresponsible Government agents and employees during this emergency…In cases of this nature of ill-treatment we would make complaints and call for checks as we have done in the past incidents known to the Government.”48

57. January 1960. Manyani Camp. Letter from Detainees to Colonial Secretary. The

letter details past abuses, current poor conditions with relationship to their diet, and the system of Visiting Committees, which “is bound to side with the Government.” (AA 57/21A, Vol III, Bates 009723-27, Letter from Detainees at Manyani Camp to Colonial Secretary, 11 January 1960). Colonial Secretary responds, dismissing complaints, and writes, “I consider it essential that control should continue to be exercised over persons under detention so long as they remain averse from rehabilitation and a potential danger to peace and good order in their home districts and the Colony generally; and that in these circumstances I do not propose to intervene in this matter on their behalf.” (AA 57/21A, Vol III, Bates 009719, Savingram from Secretary of State for the Colonies to Governor, “Petition from Detainees in Manyani Detention Camp,” 20 May 1960).

58. March 1958. Mwea Works Camp. Letter from Mwea Camp Detainees to

Attorney General. Details abuses, tortures, and brutalities. Also describe what they call “Bucket Confession.” That is:

The Officer and staffs in this Camp have clearly proclaimed that the only alternative for a person who does not admit oath taking is to receive fatal persecution, and the reply by the CDO Mwea to anyone who states that he has taken no oath is that he will confess the “Bucket Oath,” which means that he would run with a bucket full of crushed stones or sand on his head, accompanied by severe beating the whole day and up to the time he agree that he took the oath.”49

59. April 1958. Letter from detainees at Embu Works Camps to Eirene White entitled, “Beatings and killing when screened.” The detainees detail severe abuse and torture in the Mwea Camps, including Kandonga Camp, Thika Works Camp, Gathigiririri Camp, Mwea No. 1 Karaba Camp. They write:

47 AA 57/21A/Vol 1, Bates 009155, Detainees Telegram to Secretary of State for the Colonies, c. January 1959. 48 AA 57/21A/Vol II, Bates 009550-58, Letter from Marsabit Detainees to Governor, 14 May 1959. 49 AA 57/21A/Vol 1, Bates 009378-81, Letter from 7 Detainees at Mwea Works Camp, “Detainee Grievances,” 30 March 1958.

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We want to assure you that we detainees are sufaring very much for being lamed and killed when screened in the above mentioned camps – such punishments of being inhumaned latranes for about 14 minutes being stark naked and then returned to the screening offices to be beaten more and more by whips being made with wires inside until the man becomes mad or lamed even die. Several men are now lamed – all others have been destroyed the whole body. In addation to that men are even castrated in those camps.” (AA 57/21A, Vol 1, Bates 009383, Letter from Detainees Embu Works Camps to Ms. Eirene White, “Beatings and killing when screened,” 15 April 1958. Note that this is a type-written copy sent to Kenya for response. No action taken because it was anonymous (AA 57/21A, Vol 1, Bates 009382, “Anonymous Letter,” 23 April 1958). Similar letter sent on 15th April, 1958 by Embu Detainees to White (AA 57/21A, Vol 1, Bates 009319-20, Letter from Embu Detainees to Eirene White, 15 April 1958).

60. April 1958. Mwea Works Camp. Letter from T.M. Njembui to Colonial Secretary

(cc’d to various others). This 6 page letter provides extensive details of the tortures and brutalities perpetrated in the Mwea Camps against detainees, including: It is habit of this camp, if any detainee does not confess as he is asked, he must be beaten until he accepts what he is asked or become unconscious. When we said that we had not taken M.M. oath, D.O. himself ordered the screening team to beat us until we became quite cripples…We want all punishments to be ended as, to scratch with a brush, to carry buckets full of rubbles or sand, to pour water in the stomach and even some camps there are rollers that are kept for punishing detainees. The warders and prison officers should not be used by the screening teams by means of beating in order to confess oaths, as they are being used in Mwea Camps.50

61. May 1958. Mwea Works Camp. Letter to Secretary of State, Governor, and Staff Officer Embu District Works Camps. Details abuses and tortures deployed for the purposes of forcing a detainee to confess. States that: At this juncture death is likely to occur and serious bodily harm in most cases apparent. While these tragic practices prevail in this camp, the poor detainee has no protection. As a result there are numerous cases of tendonal dislocations, destruction of genital organs, loss of voice and hearing permanent disabling of the physical fitness of the detainees.” The detainees also outline the pervasive use of “small cells” where they are locked up during the night “undressed and without any blanket or any kind of bodily covering material.” (AA 57/21A/Vol 1, Bates 009344-50, Letter from 8 Mwea Camp Detainees to Secretary of State, Governor, et. al, 10 May 1954). Internal response by Dennis Lakin, DO i/c of Rehabilitation, Mwea Camps, denying charges (AA 57/21A/Vol 1, Lakin to PS for African Affairs, “Mwea Works Camp Petition,” 6 June 1958).

62. July 1958. Gathigiriri Works Camp. Letter sent to Lennox-Boyd, transcribed copy here in Kenya files. Letter entitled “Lake of Death in Gathingiriri [sic] Camp.” States that District Officer i/c of Rehabilitation: Ordered us to sent to special place for special punishments running around and carrying 2 Karais (e.g. 18” dia.) full of sand or stones over our head. When prisoner makes dizz and feel down an African warders begin to beat him and sometimes injured with warder batons. Those unconscious going on beating or causing grevious bodily harm and no further medical

50 AA 57/21A/Vol 1, Bates 009387-92, Letter from T.M. Njembui to Colonial Secretary, et. al., 3 April 1958.

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treatment given….Why such a punishment to prisoners by officer i/c according to what authorized by Commissioner of P. as (corporal punishment, kept in small cells for couple of days naked and poured out water in it, half ration…”51

63. August 1958. Thiba Camp. Detainee Letter details abuses, including several detainees who were killed. With regard to torture, state, “We are even pulled off (removal) our testacles, taken off our eyes, being hurted legs, arms, and each an every joint and even killed.” (AA 57/21A/Vol 1, Bates 009181, Letter from seven Detainees at Thiba Camp to Cavendish-Bentinck, 10 August 1958).

64. August 1958. Thiba Works Camp. Letter states that the detainees have no alternative except, “’CONFESS’ or ‘DIE’”. The letter then goes on to list several dozen detainees who have been had “their hands, teeth, limbs, ribs, and even back bones dislocated or displaced,” are suffering from loss of voice due to damage inflicted upon esophagus. Others have been “emasculated.” Notes that one detainee “committed suicide, to escape this endless torture.” Then states that “all these atrocities are being executed under the authorities and supervision of Mr. Eevan Hook, Rehabilitation Officer, assited by Mr. Wilfred Thimba” and his team. (AA 57/21A, Vol II, Bates 009436-37, Letter from Detainees at Thiba Camp, 18 August, 1958).

65. In April 1959, Mbirua Githua, sent a letter to Eirene White, MP, which was then forwarded to the Secretary of State, with the following allegations: That 87 detainees (or prisoners) taken to Aguthi Camp on 24th October, 1958, were badly beaten up, and were then transferred to Karaba the following day. There they were again badly beaten to make them confess, so much so that some became helpless;

That 12 (named) detainees were locked up, day and night, in a “house” at Aguthi Works Camp;

That 10 detainees were being kept in a cell at Kandongu awaiting transfer to Athi River. (EMER 45/13/1/15A, Bates 00527-29, Memorandum from Conroy, 27 May 1959).

It was subsequently determined that there was merit to these allegations. Prior to the letter to Eirene White, Delmege, DC Nyeri, on 15 January 1959, “was guilty of aggravated assault in illegally inflicting corporal punishment on detainees at Aguthi, when he had been specifically warned by a Senior Prisoners Officer that what he proposed to do was illegal.” In addition, investigation into White’s letter showed that “more than 12 strokes were given and a kiboko [i.e. whip], not a light cane, was used. This was done deliberately, because a light can was considered not to be sufficiently punitive…a kiboko was used, apparently with full knowledge that it was unauthorized. Moreover an excessive number of strokes was given.” (EMER 45/13/1/15A, Bates 00527-29, Memorandum from Conroy, 27 May 1959).

51 AA 57/21A, Vol1 , Bates 009209-10, Letter from Gathigiriri Detainees to Hon. A. Lennox-Boyd, M.P, “Lake of Death in Gathingiriri Camp,” 2 July 1958.

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66. March 1958. Allegations made by Athi River detainees, detected through intercepted letter, intended for Barbara Castle. Allegations include, “illegal types of force;” “That on arrival in the reception compound detainees are beaten by rehabilitation staff (and warders).” District Officer i/c Rehabilitation of Camp refutes allegations and states that, “Such force as is used has been necessary to compel obedience to a lawful order.”52

67. June 1958. Mariira Works Camp. Letter from detainees to Minister for African

Affairs. Details severe beatings, crippled detainees, and forced labour. States, “As this Camp is in a real sense as a Works Camp, we fail to understand why the Government has turned it to a “death Camp” where detainees are treated in the way.”53

68. July 1958. Telegram from Acting Governor to Secretary of State for the Colonies communicating verbatim letter written by Mariira Works Camps Detainees. Letter details tortures and deaths of detainees in the camp. States that the camp:

Is a place where many wonderful tortures and maltreatment are meted to us by a South African born European, D.E. Hardy…Here is a camp comparable to none – perhaps a Nazi Concentration camps could be better. The Government pays no heed whatsoever, although deaths after severe beatings have been reported to us. The first death was of a detainee who on 23rd January 1958 was beaten by warders to death. On the 9th June a convict was battered to death. His name is Mwaura Gathirwa, and 3 others Kariuku s/o Mwangi, Gilhutha s/o Wahoga, and Irungu s/o Karikui were seriously injured are were rushed to the Fort Hall Hospital unconsciously.” The letter details denial of water, and lack of medical care. Also states, “In this camp about 50 detainees are cripples, having been beaten, and other suffering from asthma and policmyelitis are forced to do heavy duties in the quarry.”54

69. September 1958. Mariira Works Camp. Different detainees than letter from Mariira in June 1958. Details extensive beatings. States:

Torture, submerging in cold water, harsh beating and other malicious treatments are engaged here to extract confession, whereas confession under duress is not binding…The officer in charge, Mr. D.E. Hardy, has occasionally told us that he has to beat us, torture us, break our bodies and even kill us for he has his personal friend doctor at Fort Hall who would not tell the true medical reports if a detainee is either killed by beating or is unconscious owing to being beaten. The killing of both Maina Kamau on 10.2.58 and Mwaura Muthirwa on 9.5.58 has substantiated Mr. Hardy’s above statement.55

70. c. January 1959. Letter from detainees to Colonial Secretary. Details various forms of abuse, communal labour, With regard to Aguthi Camp states: We honourably wish to let Her Majesty’s Government note that detainees at Aguthi Works Camp are malicely beaten by the Screeners and the officer and we were stroke like a

52 AA 57A, Vol VI, Bates 004669-70, Memorandum from District Officer i/c Rehabilitation Athi River Detention Camp, “Detainees’ Complaints,” 19 March 1958. 53 AA 57/21A, Vol 1, Bates 009322-24, Letter from detainees to Minister for African Affairs, 7 June, 1958. 54 AA 57/21A, Vol 1, Bates 008967-68, Telegram from Acting Governor to Secretary of State, 3 July 1958. 55 AA 57/21A, Vol 1, Bates 009151-52, Letter from Detainees at Mariira Works Camp to DC, Fort Hall, 8 September 1958.

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thunderbolt on 5th 1958 when one detainee KABUGI NJUMA from Nyeri New Prison died because of being beaten by the warders and screening teams. This man died and the Kenya Government was informed all this and did practically nothing to unihilate such brutish acts from going on. We are quite sure that Kenya Government regards Kenya detainees as “animals” and therefore one who dies is regarded as a dead Hyena.” 56

71. April 1959. Aguthi Camp and Kareiba Camp. Letter from Mbirua Githua to

Eirene White. Letter details of detainees locked up in small cells, including their names; also details beating and starvation tactics.57

The Dilution Technique

Death of detainee, Aguthi Camp/Sam Githu Case, September 1958.

72. In response to Lennox-Boyd’s letter of 25 September, 1958, Kenya Government

reported that, according to a Medical Officer Kabugi died of a “pulmonary

infection,” and that Resident Magistrate, Nyeri, returned a verdict of “Death

from Natural Causes.” The same report to the Colonial Secretary stated, “No

prisoners were dismembered or beaten in any manner.”58 Lennox-Boyd

subsequently learned that he was given false information by the Kenya

Government, information which he then conveyed to Barbara Castle, MP, on 31

October, 1958. According to an internal report:

The C.I.D. investigation now shows this reply [i.e. to Lennox-Boyd] to have been untrue, because – Kabugi was not employed carrying buckets of earth; he was being punished by being made to run with a 52lb. bucket of earth on his head and his shirt filled with earth, in order to make him confess; On his collapse he was not promptly sent by private car to the Native Civil Hospital, and he did not die en route. After his collapse he was left on the ground for more than an hour, and there kicked by Samuel [Githu]. Duffy then ordered him to be carried to cells, but he was, in fact, taken to the Camp Dispensary. On arrival he was found to be dead. The corpse was taken to Nyeri hospital by lorry. The deceased and other detainees were beaten on admission to Aguthi, and in consequence two other detainees were detained in the Camp Dispensary as In-patients….

56 AA 57/21A Vol. 1, Bates 009015-17, Detainee letter to Colonial Secretary, c. January 1959. 57 AA 57/21A, Vol II, Bates 009458, Letter from Mbirua Githua to Eirene White, 8 April, 1959. 58 AA 57/21A, Bates 009058, Memorandum, “Death of Kabugi Njuma at Aguthi Works Camp, 7 January 1959.

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Now the Secretary of State will have to be told that the information which was given to him was untrue, so that he can tell Mrs. Castle that he misinformed her.59

73. A subsequent telegram informed Lennox-Boyd of the C.I.D. investigation, and

the beating and abuse of the detainees at Aguthi Camp. The cause of death,

however, is still “natural causes, and that the assault was not a contributory

factor.” (AA 57/21A, Bates 009060, Telegram to Secretary of State for the

Colonies, “Aguthi Camp,” no date). A second telegram details the abuses,

including:

Samuel therefore ordered the prison askaris to beat the detainees with sticks and himself kicked and punched detainees…Samuel then took the 5 obdurate detainees (one being Kabui) to the football pitch. He there filled their shirts with earth and made them carry buckets of earth, weighing some 50lbs, on their heads at the double to a dump 100 yards away, Samuel running beside them urging them to confess. After a few such trips, Kabugi collapsed unconscious. Samuel then kicked him as he lay on the ground. The cause of death, unconnected with these injuries was a clot in the right lung…It is not clear whether the doctor knew of the violent physical exercise which Kabugi had been doing when he collapsed. This aspect is now being investigated by the C.I.D.60

Detaineee letters and the Dilution Technique.

74. March 1958. Allegations made by Athi River detainees, detected through

intercepted letter, intended for Barbara Castle. Allegations include, “illegal

types of force;” “That on arrival in the reception compound detainees are

beaten by rehabilitation staff (and warders).” District Officer i/c Rehabilitation

of Camp refutes allegations and states that, “Such force as is used has been

necessary to compel obedience to a lawful order.”61

75. June 1958. Mariira Works Camp. Letter from detainees to Minister for African

Affairs. Details severe beatings, crippled detainees, and forced labour. States,

“As this Camp is in a real sense as a Works Camp, we fail to understand why the

59 AA 57/21A, Bates 009058, Memorandum, “Death of Kabugi Njuma at Aguthi Works Camp, 7 January 1959. 60 AA 57/21A Vol 1, 009004-007, Telegram from Governor to Secretary of State for the Colonies, “Aguthi Camp.”

61 AA 57A, Vol VI, Bates 004669-70, Memorandum from District Officer i/c Rehabilitation Athi River Detention Camp, “Detainees’

Complaints,” 19 March 1958.

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Government has turned it to a “death Camp” where detainees are treated in the

way.”62

76. July 1958. Telegram from Acting Governor to Secretary of State for the

Colonies communicating verbatim letter written by Mariira Works Camps

Detainees. Letter details tortures and deaths of detainees in the camp. States

that the camp:

Is a place where many wonderful tortures and maltreatment are meted to us by a South African born European, D.E. Hardy…Here is a camp comparable to none – perhaps a Nazi Concentration camps could be better. The Government pays no heed whatsoever, although deaths after severe beatings have been reported to us. The first death was of a detainee who on 23rd January 1958 was beaten by warders to death. On the 9th June a convict was battered to death. His name is Mwaura Gathirwa, and 3 others Kariuku s/o Mwangi, Gilhutha s/o Wahoga, and Irungu s/o Karikui were seriously injured are were rushed to the Fort Hall Hospital unconsciously.” The letter details denial of water, and lack of medical care. Also states, “In this camp about 50 detainees are cripples, having been beaten, and other suffering from asthma and policmyelitis are forced to do heavy duties in the quarry.”63

77. September 1958. Mariira Works Camp. Different detainees than letter from

Mariira in June 1958. Details extensive beatings. States:

Torture, submerging in cold water, harsh beating and other malicious treatments are engaged here to extract confession, whereas confession under duress is not binding…The officer in charge, Mr. D.E. Hardy, has occasionally told us that he has to beat us, torture us, break our bodies and even kill us for he has his personal friend doctor at Fort Hall who would not tell the true medical reports if a detainee is either killed by beating or is unconscious owing to being beaten. The killing of both Maina Kamau on 10.2.58 and Mwaura Muthirwa on 9.5.58 has substantiated Mr. Hardy’s above statement.64

78. January 1959. Letter from detainees to Colonial Secretary. Details various

forms of abuse, communal labour, With regard to Aguthi Camp states:

We honourably wish to let Her Majesty’s Government note that detainees at Aguthi Works Camp are malicely beaten by the Screeners and the officer and we were stroke like a thunderbolt on 5th 1958 when one detainee KABUGI NJUMA from Nyeri New Prison died because of being beaten by the warders and screening teams. This man died and the Kenya Government was informed all this and did practically nothing to unihilate such brutish acts from going on. We are quite sure that Kenya Government regards Kenya detainees as “animals”

62 AA 57/21A, Vol 1, Bates 009322-24, Letter from detainees to Minister for African Affairs, 7 June, 1958. 63 AA 57/21A, Vol 1, Bates 008967-68, Telegram from Acting Governor to Secretary of State, 3 July 1958. 64 AA 57/21A, Vol 1, Bates 009151-52, Letter from Detainees at Mariira Works Camp to DC, Fort Hall, 8 September 1958.

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and therefore one who dies is regarded as a dead Hyena.” (AA 57/21A Vol. 1, Bates 009015-17, Detainee letter to Colonial Secretary, c. January 1959).

79. April 1959. Aguthi Camp and Kareiba Camp. Letter from Mbirua Githua to

Eirene White. Letter details of detainees locked up in small cells, including

their names; also details beating and starvation tactics.65

80. Death of Detainee at Athi River in July 1957. Seven detainees at Athi River were

accused of manslaughter of Kariuki s/o Muriithi. The incident occurred on 18

July, 1957. Detainees accused were cooperating with camp personnel in

breaking recalcitrant detainees. Abuse took place over two-day period, with

accused handcuffing Kariuki and each taking turns pouring water on him.

Kariuki died at approximately 6am on the 18th of July. “In the opinion of the

doctor, the pouring of water over the deceased on a cold night could have led

to the lowering of temperature which he found, and thus to death from

exposure to cold.” Report goes on to state, “Both Mr. McKinnery (the Camp

Commandant) and Major Breckenridge (the then Rehabilitation Officer at Athi

River Camp) said in evidence that they had authorized detainees (acting in the

capacity in which the Accused were acting) to sprinkle water on the face of any

“hard core” detainee who was being interrogated or talked to in efforts at

reformation. They authorized this action if the person being interrogated

feigned sleep or appeared to be about to fall asleep.” One accused noted, “We

were following the instructions of the Camp Officers.” Each accused found

guilty, sentenced to imprisonment for a term of one month.66

81. Tear Gas used at Athi River Camp in 1957. “Tear gas had eventually to be used

in order to effect the transfer and during the ensuing fracas, one detainee was

fatally injured.”67

65 AA 57/21A, Vol II, Bates 009458, Letter from Mbirua Githua to Eirene White, 8 April, 1959. 66 AA 57A, Vol VI, Bates 004675-78, “In her Majesty’s Supreme Court of Kenya at Nairobi, Criminal Case No. 142 of 1957. 67 INT 10/4/2/5A Vol. 1, Bates 006409-10, “Southern Province Intelligence Summary, September 1957.

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82. In August 1958, an internal memorandum discussed the intake at Gathigiriri,

stating: “All 24 [detainees] are terrified of being beaten and will say anything

to please Rehabilitation Officers.”68

Detainee Suicides

83. Throughout the Emergency, the CA is aware of detainees committing suicide,

with explicitly references between abuses and suicide. The number of

instances of suicide increases over the course of the emergency:

i. Aguthi Camp detainee. (AA 57/21A, Vol III, Bates 009796,

Memorandum from R.G. Wilson, Special Commissioner to Minister for

African Affairs, 24/12/59).

ii. “The urgency to move is due to the apparent tendency to suicide of the

Fort Hall detainees who are ‘personae non gratae’ at home. One has

already hanged himself, one has tried to and one has just professed his

intention to do so.” (AA 57/16, Vol I, T.J.F. Gavaghan, District officer i/c

Rehabilitation, Mwea Camps, “Movement of Unacceptable Detainees,” 2

November 1957.

iii. Two detainees committed suicide in Athi River Camp (March and May

1957). One was an ex-detainee from Mageta Island who hung himself at

Athi River. (INT 10/4/2/5A Vol 1, Bates 006414, Detainees: Suicide, 1

July 1957).

iv. Detainee in Mwea Camp “who had undergone continuous beating for

several months and committed suicide in the camp (AA 57/21A/Vol 1,

Bates 009344-50, Letter from 8 Mwea Camp Detainees to Secretary of

State, Governor, et. al, 10 May 1954).

v. One detainee at Thiba camp, “after he had been meted with serious

beatings while being forced to incriminate himself, he was kept in cells

where he committed suicide, to escape this endless torture” (AA

68 137/159/AA57A Vol VIII, Bates 4776, “Points to Ponder, Githiga intake of 24 to Gathigiri, 26/8/58”.

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57/21A, Vol II, Bates 009436-37, Letter from Detainees at Thiba Camp,

18 August, 1958).

vi. Camp Rehabilitation Officers at Athi River writes that, after spending

night in small cells in the camp, “In some cases melancholia sat in

completely and we had a number of suicides.” (CAB MM/8/1, Bates

012761-70, “Rehabilitation,” Extracts from personal record written by

Caroline Breckenridge/J.B.W. Breckenridge, 1953-57).

Fairn Commission

84. The Governor wrote to the Colonial Secretary regarding a potential judicial

enquiry and the need to keep Hola Camp open in the face of allegations of

abuse:

As you know, I have in the past advised you to resist demands for a judicial enquiry…The Hola Affair is by far the worst which has occurred in Kenya and troubles me greatly. That, and the Aguthi judgment will, I know cause you serious difficulties, which I greatly regret. In these circumstances I think we should look carefully at our policy and actions for future…In doing this, I think we have, in our own minds, to distinguish between, on the one hand, changes and improvements actually needed in the camps, and, on the other hand, the political presentation of what is going on; and I in no way under-estimate the importance of the second. The importance of Hola can scarcely be exaggerated. We are, as I have remarked, very nearly at the end of dealing with large numbers of detainees in the ordinary “pipe-line”. We are now committed to the other task of dealing with the small remaining number of exceptionally difficult people in several categories. This will be a continuing task for a number of years; and Hola offers the only solution to the problem. Our main objective must therefore be to maintain Hola and its appendages (i.e. Aguthi as a skeleton “pipe-line” towards release, and Manyani, at least for the present, as a place from which we an feed the most unmanageable detainees gradually into the Hola settlement scheme).69

85. The Colonial Secretary wrote to the Governor re. the need to avoid any

“impartial judicial enquiry”:

We had also been turning over how best to meet the inevitable demand for an ‘impartial judicial enquiry’ with a bias to raking up muck which will break upon us as soon as the Hola verdict is announced and members of Parliament have studied Aguthi judgment. We are advised that even if criminal proceedings were taken as a result of Hola Inquest this could not prevent the demand for an inquisition without prejudice to those proceedings, into the system which allowed these eleven deaths to occur…But the idea of obtaining further

69 AA 57A, VOL IX, Bates 2715-2719, Governor Baring to Secretary of State for the Colonies, Telegram, 29 April 1959.

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advice from members of Advisory Committee on treatment of offenders has at first sight much to commend it – (a) It avoids pressure for “Fletcher Inquiry” which we must certainly avoid for reasons in your letter.” “We agree with you that the aim of any enquiry should be to set Hola on its feet. An enquiry would not spotlight the tragedies but would overhaul the future administration of detention camps (but not prisons) where those who are virtually irreconcilable will stay with a view to ensuring that inspection and other arrangements are now in force to prevent a repetition of part tragedies.” “We also thought it might be valuable to co-opt a specialist psychologyist with African experience possibly Carothers who could ensure that the mental state of detainees received due attention and prominence. What do you think of this? 70

86. With regard to the appointment of the members of the Fairn Commission,

Secretary of State comments upon the following: “Terms of reference are to be

‘To report to the Governor on the future administration of the four remaining

emergency detention camps, and in particular arrangement for their

systematic inspection and investigation of complaints by detainees.’ He then

goes on to write, “We are anxious not to mention Hola or Aguthi by name in

terms of reference and I hope you will find them satisfactory.”71

87. The Colonial Secretary explicitly does not want to see the appointment of a

lawyer to the Fairn Commission:

Even if I had not already announced the names [of the Fairn Commission], I would on reflection be very doubtful about including a lawyer. We must I think stick firmly to the position that the past has already been the subject of an inquest in the case of Hola and legal proceedings in the case of Aguthi and may be the subject of further legal proceedings; there is therefore no case for a judicial enquiry or indeed any further enquiry into the past. I think the inclusion of a legal expert might tend to erode this position a little in the public mind.”72

88. Despite the Governor and Colonial Secretary’s explicit charge, the Fairn

Commission did investigate into some past abuses. Nevertheless, the Fairn

Commission did, as the Governor notes:

“It was not our belief that the Fairn Committee would canvass the past problems of detention and rehabilitation stop We would have no objection to presenting Committee with a history of

70 CS 3/10, Bates 010018-19, Secretary of State to Governor, “Detention Camps,” 1 May 1959.

71 CS 3/10, Bates 010015, Secretary of State to Governor, “Detention Camps,” 6 May 1959

72 CS 3/10, Bates 010013, Secretary of State to Governor, “Detention Camp Enquiry,” 11 May 1959.

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the problem nor to their meeting released detainees but we never contemplated the Committee taking formal evidence as to rehabilitation methods used in the past stop Have you discussed this with Committee?”73

The British Army in the Reserves and Villages.

89. Prior to July 1955, the British Army’s role extended well beyond the fighting

war in the Mt. Kenya and Aberdares ranges. The British Army had primary

responsibility for the “maintenance of local law and order” in the Settled Areas

and Reserves until July 1955.

90. War Council Directive of June 1955 outlines the run-down of responsibility of

the British Army in the Central and Rift Valley Provinces. The document

reflects that, until June 1955, the British Army had responsibility for nearly all

of the Kikuyu reserves, that is Embu, Meru, Kiambu, and South Nyeri. The War

Council notes that, “These transfers of responsibility will release the Army,

supported by the R.A.F., for operations in the Aberdares and Mount Kenya

Forests.”74

91. After July 1955 transfer of responsibilities, the Commander-in-Chief still

provided for the dispatch of army units to reinforce the civil power, in which

case the Senior Army Officer would be in operational command.75 Even after

the transfer of July/August 1955, the British Army was to remain present in the

Settled Areas and Reserves. Here it is recorded that, “Approximately one

British Brigade will be located in Nanyuki District, not less than one battalion

in the Rift Valley, and one battalion in the Nairobi area. In addition major units

will be positioned in, or near, the Kiambu and Thika Settled Areas and at

Nyeri.”76

73 CS 2/10A, Bates 010010, Acting Governor to Secretary of State for the Colonies, “Immediate,” 16 June 1959. 74 AA 45/56A, Vol II, Bates 007975-79, “War Council Directive No..Emergency Policy,” June 1955; and AA 45/56A Vol I, Bates 007979-8000, “Appreciation by the Commander-in-Chief of the Operational Situation in Kenya in June 1955.” 75 AA 45/56A Vol 1, Bates 008038-39, “Operational Responsibility, c. June 1955. 76 AA 45/56A Vol 1, Bates 008098-102, “Forecast of Security Operations in 1955”.

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92. In March 1956, the War Council confirms that the British Army had been re-

deployed into the Kikuyu Reserves and Settled Areas. The War Council states:

“The Army will be responsible jointly with the Police for operations in

Naivasha, Kiambu, Nyeri and Nanyuki Districts. In addition the Army will be

prepared to support the Police in any area at short notice without prejudicing

the conduct of operations in Districts where they are jointly responsible with

the Police.77

93. The War Council in March 1956 clearly lays out the joint responsibility of all

planning of operations, with the Commander-in-Chief maintaining operational

control. This would include screening, detention, villagization, communal

punishments, and food denial campaigns. With regard to “Command,” War

Council Directive No 9 states:

All operations at all levels will continue to be planned jointly by the Administration, the Police and the Army through the machinery of Provincial Emergency Committee and District Emergency Committees. The conduct of operations will invariably be a Police or joint Army/Police responsibility depending on the forces involved. Where an operation involves action by both Army and Police units, command will normally be exercised by the Army. 49 Independent Infantry Brigade will command all army units engaged in operations in Rift Valley Province, Central Province (South) and Southern Province, and will provide military representation at Provincial Emergency Committees and District Emergency Committees in those areas. 70 (E.A.) Infantry Brigade will have these responsibilities in Central Province, less Central Province (South).78

94. The “closer control of the population” is defined more precisely, according to

Erskine’s desire to break the Passive Wing. According to a May 1955 report:

No person of whatever age or sex shall be allowed to leave his village except under K.G. escort. This means that all activities outside the village will be organised on a group basis and will be under continual guard by the K.G. i.e. communal work, water drawing, attendance at school, grazing, cultivation of shambas, going to market etc. It follows, therefore, that these activities must be so organised that the group remains at all times in a small area so that few K.G. can keep them all under close supervision…Any person found outside his or her village without K.G. escort will be detained for the full 28 days under District Officers’ powers and subjected to close screening meanwhile.

77 CAB 1/46, Bates 015891-94, “War Council Directive No. 9, Emergency Policy,” 27 March 1956. 78 CAB 1/46, Bates 015891-94, “War Council Directive No. 9, Emergency Policy,” 27 March 1956.

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Measures taken against the population may be either repressive, and therefore punitive, or designed to control their mental and physical activities to such an extent that they find it difficult to assist terrorists… You should therefore use your full powers of curfew, fine and 6 days communal labour all together when punishing a village.79

Collective Punishments and Food Denial

95. The British Army participated in the devising and execution of collective

punishments in the Kikuyu villages as early as November 1953. Commander 39

Brigade raised the need with the Central Province Emergency Committee to

“inflict highly punitive and swift communal punishment in areas where gang

information had been withheld.”80

96. The punishment of villages in three locations in Thenenge Location, Nyeri

District, in November 1952 was deemed a success by the Provincial

Commissioner. He noted, “The timing and efficiency of the operation reflected

great credit on those concerned, including the Police and the Army.”81

97. The ongoing practice of burning huts in the Kikuyu reserves out of retaliation

for Mau Mau support is discussed in the War Council. It is noted that detention

and communal labour is a preferred practice. The widespread burning of huts

in the villagization process is also reported to the Governor. It is also noted

that, “regarding the burning of huts, there was no legal sanction for this which

is I understand fairly common practice.”82

98. Punitive villages were the sites of starvation tactics. For example, there is

extensive documentation on the case of Thumaita Village, Embu District.

79 AA 45/51A Vol. I, Bates 003658-66, “Closer Control of the Population,” 13 May 1956. 80 EMER 45/23/1/3A, Vol I, Bates 013936-942, Central Province Emergency Committee Meeting Held on Friday, November 6th, 1953. 81 D18, Bates024152-54, Windley to Baring, 14 November 1952. 82 AA 45/51A Vol. II, Bates 022006-08, War Council Minute No. 24, 27 March, 1954; and AA 45/55/2A, Bates 007314-15, minute to file; and AA 45/55/2A, Bates 007289, Minute to Governor and Minister for African Affairs, 28 February 1955.

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There, villagers were denied food for five days while at the same time being

made to work, leading to the collapse of many. It was not the first time such

repressive measures had been applied to the village. Greet Sluiter, a

missionary, reported the incident; upon investigation, allegations were proven

true. The investigating Committee stated to Governor Baring that “food denial”

was a Directive of the War Council, and the District Officer was following

orders. Similarly, DC Embu states that according to War Council Directive No. 7

dated October 5th, 1955, punishment was to be imposed on for lack of

cooperation by a village.83

99. The British Army had control over the planning and execution of the “food

denial” campaign. A Committee on Food Denial (War Council min 1303) was

formed, and the chairman was The Deputy Director of Operations.84 The

“denial of food” campaign was a massive operation, and one that included the

destruction of crops, de-stocking, controlling movement of villagers, curfews,

and monitoring of remaining food stores and cattle bomas.85 Governor Baring

indicates that General Erskine is in charge of directing initial villagization

strategy, removal of Africans into the villages, and the food denial campaign in

August 1953.86

100. The “food denial” campaign was intensified in June of 1955, under the

direction of the British Army. In a Report by the Committee on Food Denial, it

was stated, “In June of this year the Commander-in-Chief appealed to the

farming community to co-operate to the full in a campaign to deny food to the

terrorists…it was complementary to intensified operations in the forests

83 AA 45/55/2/6, Bates 007931-33, Report by G. Sluiter, 25 October 1955; AA 45/55/2/6, Bates 007925-30, Swann, “The Thumaita Incident,” 29 October 1955; AA 45/55/2/6, Bates 007924, Swann to Windley, 31 October 1955; E19/12492A, Bates 015439-43, Letter to Governor Baring, 5 January 1956. 84 AA 45/23/1/3/1A, Vol I, Bates 006909-12, “Minutes of the Central Province Emergency Committee, 18 August 1955.

85 AA 45/23/1/3/1A, Vol I, Bates 006919-23, Minutes of the Central Province Emergency Committee, 6 July 1955.

86 AA45/51A Vol. I, Bates 021892-93, Baring to O’Hagan, 11 August 1953.

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coupled with a determined effort to break the Passive Wing by means of tighter

control in the Reserves.”87

101. The British Army in the Kikuyu Reserves and Settled Areas played the key role

in devising and implementing the “denial of food” campaign against Mau Mau

in the Kikuyu Reserves and in the Settled Areas. After July/August 1955, the

Commander-in-Chiefs object was to release the British Army of responsibility

for the “denial of food” campaign by August 1955.88

Document Destruction

102. Ellerton lays out clearly sixteen categories of materials that are “automatically”

“Watch” materials; he then points out “Watch” materials may exist in larger

files that would otherwise be designated as “Legacy” materials. Such materials,

he states, should “be discreetly removed.” Ellerton is careful to point out that

the process of “Watch” designation is not to be publically disclosed, and

materials designated as such only pertain to those documents in Kenya.

103. “Watch” materials were then collected from Ministries and Departments in

Nairobi and throughout Kenya through a highly elaborate system that

emphasized security and secrecy. There were detailed procedures and rules to

be followed when transferring materials to the Office of the Leader of the

House (formerly the Office of the Chief Secretary) and the Governor’s Office.

Metal boxes, lock combinations, designated messengers/recipients, and

required signatures were among the procedures in place.89 Many “Watch” files

were transferred to “Strong Room” in Central Government Building, where

decisions were made regarding destruction.90 Issues of “floating Watch

material” arose, whereby certain individuals were designated to review them

87 AA45/51A Vol. I, Bates 021822-43, Committee on Food Denial Measures in the Period Following 30 September 1955. 88 AA 45/56A Vol I, Bates 007979-8000, “Appreciation by the Commander-in-Chief of the Operational Situation in Kenya in June 1955.” 89 For example, 1943/17/B, Bates 024222, Ross to Weeks, Secret Registry, 6 December 1961. 90 1943/17/B, Bates 024215, “Transfer of Watch Files to the Governor’s Office,” 23 March 1962.

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“with a view to their disposal by burning or by removal to Government

House.”91

104. Terence Gavaghan, the former Officer i/c of Rehabilitation at the Mwea Camps,

and architect of the “dilution technique” had a major role in the “Watch”

process, and with it the destruction and removal of documents. During the

“Watch” process, and period of destruction and removal, Gavaghan was the

Acting Permanent Secretary to the Governor’s Office. There are numerous

documents in the above referenced files that illustrate his important role in the

“purging” of files.92

91 1943/17/B, Bates 024216, “Transfer of “Watch” Files to the Governor’s Office,” 16 March, 1962.

92 For example, AA 1943/17/B, Bates 024217-20, T.J.F. Gavaghan, “Transfer of Functions to the Governor’s Office,” 2 March 1962.