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In 1994, while at the Kenya Human Rights Commission, I authored the report “Independence without Freedom: The Legitimisation of Repressive Laws and Practices in Kenya.” The report argued that the 1963 independence was cosmetic and merely marked the use of a new flag while maintaining virtually the same ecosystem used by, and sustained, colonial rule. December 12 simply highlighted the replacement of white colonial masters with black ones. The freedom that millions had fought for, been jailed for, and suffered for was but an illusion.
I reflect on this report every year on December 12, analysing whether things are that much different 25 years hence. Certainly, many of the repressive laws from the colonial era have been repealed or replaced, especially since the new Constitution came into force in 2010.
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