A Kenyan man is headed to the High Court of Kenya to petition for the removal of the ‘Naked Boy’ statue next to the Supreme Court.
Citing his right to peaceably and unarmed, to assemble, demonstrate, picket, and present petitions to public authorities according to article 37 of the Constitution, the man hailing from Kiambu County sought the attention of Chief Justice Martha Koome to have the statue removed.
According to the petition dated August 9, the petitioner seeks to remove the statue erected during the colonial era by Mrs. Gertrude Hamilton in honour of her husband Alexander George Hamilton and replace it with a more appropriate one.
Speaking to Kenyans.co.ke, the petitioner cited several grounds for its removal most notable being the cultural insensitivity and inappropriate representation brought forward by the statue.
A photo of the Supreme Court of Kenya
Photo
The Judiciary
“The naked depiction of a young boy is culturally demeaning, insensitive, and offensive. It does not reflect the values of respect and dignity that are integral to Kenyan society, as enshrined in Article 10 of the Constitution, which emphasises national values and principles of governance, including human dignity, equity, and social justice.” The petition reads in part.
Addressing the colonial legacy and symbolism of the statue, he goes on to add that having been erected during the colonial era, it does not resonate with post-colonial Kenya, and retaining colonial symbols undermines Kenya’s efforts towards decolonisation.
Other concerns noted include purported misrepresentation of justice as slippery due to the nature of the naked boy holding a slippery fish, depiction of judicial immaturity, mockery of the judicial system by depicting a little boy peeing into the fountain, and illogical representation by having 6 turtles in the fountain which metaphorically represent stagnation.
On a broader scale, he notes global irrelevance as other countries have not adopted the design and international negative perception of Kenya and Kenyan values.
He then recommends the removal of the statue, involvement of public participation, an awareness campaign, and conducting of National dedication Prayers in and within all Government Buildings built during the colonial era.
However, in a response from the High Court of Kenya dated August 20, the Chief Registrar of Judiciary, Hon Winfridah B Mokaya noted that the the statue represented the innocence of the judicial system and was like other judicial symbols around the world like the ‘lady of justice.’
“The statue symbolizes justice as naked (open), innocent, blind and fearless or courage-filled akin to a child who, indiscriminately engages all regardless of stature. It now constitutes Kenya’s public memory that relates to our judicial history having stood for close to a century.” The response reads.
The High Court went on to refer the petitioner to the Kenya National Museums as the Supreme Court is a recognised national monument that was gazetted in 1995. Removal of the statue however would be an erasure of an important part of Kenyan History and would be subject to public participation.
Undeterred, the petitioner wrote to the National Museums of Kenya to continue his agenda on August 30.
However, the national museum noted that the ‘Naked Boy’ statue was not expressly mentioned when the Supreme Court was gazetted as a National Monument and it was only described as “The High Court Building- All that building on plot no. 209/8698, known as the high court, situated along the city hallway, Nairobi City, Nairobi Province.”
Speaking to Kenyans.co.ke, the petitioner noted that he would be moving back to the High Court to continue pursuing the matter until it is resolved.
The Milimani Law Courts building which hosts the High Court
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Office of the Registrar High Court
