Colonial Shadows and Collective Memory: What are the Limits of Transitional Justice? Echoes of the Mau Mau Legacy

Unfolding the case of colonial Kenya, the dissertation discusses the haunting issue of justice in the discourse of colonial crimes. Colonialism is endemic and its legacies are open wounds in the hearts and minds of victims. In front of the limits set by the criminal law doctrine, transitional justice emerges to repair crimes of history. By challenging the classical paradigm that equals crime to punishment, it explores a new dimension of justice centred on reconciliation. The victim-based approach aims to accomplish collective healing through the acknowledgement and historicization of past atrocities. Beyond its theory, the thesis underscores its fragility and strength through the analysis of the Mau Mau case and a comparative study of transitional justice experiences in Namibia, Mauritius and Burundi. Echoing Kenyan colonial shadows, it ultimately explores the new strategies developed in the international legal arena which may respond to the multifaceted scrutiny that colonial injustices require.