Reparations and Restitution of Kenyan Artefacts April 29th to May 2nd 2024

Introduction

The background to this mission was the ratification by Kenya of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property in November 2023. The fact finding mission is intended to develop a protocol for the formulation of the return of Kenyan Artefacts from various museums in the United Kingdom and to “gain useful insights into the formulation of the necessary policy and legal framework for the domestication of the Convention”. The database collated to date has compiled a list of over 5,000 artefacts originating from Kenya. This is likely to be a fraction of the total currently held in museums and private collections across the United Kingdom.

The context is the colonial history of Kenya which originated with creation of the East African Protectorate on 1st November 1895 centred in Mombasa, after the failure of the British East Africa Company established in 1860 by Royal Charter, until the establishment of the colony under the Kenya Act of 1920. Most, but not all artefacts, including human remains were acquired during this period. The delegation was formerly invited to the House of Commons by Bell Ribeiro-Addy MP in a letter dated 20th March 2024. This invitation was accepted by the Office of the Clerk to the National Assembly in a letter dated 17th April 2024. The expectation of the visit was in furtherance of the historical ties and existing cordial relations between Kenya and the United Kingdom.

Legal Framework in the United Kingdom and Kenya

a) UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property in 14th November 1970 (now ratified by Kenya but requires implementation.)
b) Dealing in Cultural Objects (Offences) Act 2003
c) Cultural Property (Armed Conflicts) Act 2017 (Incorporates the ratification of the !st Hague Convention (1954), and the 2nd (1999).
d) The Return of Cultural Objects Regulations 1994.
e) Guidelines for the return of Artefacts issued by the Arts Council, England.
f) The British Museums Act 1963 (This only applies to the British Museum, other National Museums are subject to their own relevant legislation, including the Museums and Galleries Act 1992 and the National Heritage Act 1983 )
g) The Charity Commission (as the UK’s charity regulator, their approval is required when museums that are charities want to remove objects (assets) from their collections (an ex gratia payment), including for the purpose of restitution to the country or people of origin).

Delegation Members

1. Hon. James Githua Kamau MP, Vice Chairperson and Leader of the delegation
2. Hon. Stephen Mutinda Mule, MP
3. Hon Caroli Omondi Ochula, MP (Unable to attend due to Visa issues)
4. Mr Adan Sora Gindicha, Principal Clerk Assistant Secretary
5. Mr Mike Wambua Mutunga-Parliamentary Officer

Judge Peter Herbert O.B.E. (Rtd), of Bandung Africa, helped to organise the schedule of meetings during the Mission and attended to support the delegation.

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