Investigative Report Following Testimony by Ridhwan Malik, Nubian Rights Forum

Cross-referenced with Kenya National Archives, University of Nairobi, British National Archives, British Institute in East Africa, African Commission on Human and Peoples' Rights, academic journals, court documents, and contemporary records

TIMELINE: 145 YEARS FROM CONSCRIPTION TO STATELESSNESS

PART ONE: THE EMPIRE'S SOLDIERS

1880s: The Berlin Conference and Forced Recruitment

As European powers carved up Africa at the Berlin Conference, the British Empire identified Nubians from the Upper Nile region as ideal military conscripts.

They were tall enough to see far distances. Strong from desert and river survival. Skilled navigators of the Nile. Unified as Muslims. Fearless strategists.

The Nubians became the backbone of the King's African Rifles (KAR), Britain's colonial military force that would shape East African history through conquest and suppression.

The Wars They Fought

1897: Eldama Ravine Mutiny. Nubian soldiers demanded better pay and clothing after the Buddu campaign. British response: geographic dispersal to prevent unified resistance.

1905 to 1907: Maji Maji Rebellion against Germans in Tanganyika. The campaign resulted in 75,000 to 300,000 African deaths through German scorched earth tactics.

1914 to 1918: World War I service across German East Africa, Mozambique, and Northern Rhodesia. Battles at Salaita, Longido West, Bukoba, Lindi, and Kilwa.

1939 to 1945: World War II campaigns in Somalia, Abyssinia (Ethiopia), Madagascar, and Burma. The Burma Campaign made them part of the legendary "Burma Boys" in Britain's longest land campaign.

The Promise

In 1918, Britain allocated 4,197.9 acres of land in Kibra, Nairobi, officially gazetted as a military reserve for Nubian ex-soldiers and their families.

The Nubians named their home Kibra (meaning "land of forest" in Kinubi). The area was steep, forested, unfavorable for European settlement. But Nubians transformed it into a thriving community.

PART TWO: THE GREAT BETRAYAL

The Fatal Flaw

Despite the 1918 allocation, no formal permanent land titles were issued.

Nubians received only "shamba passes" (licenses to live, build, graze cattle, and grow food). This legal limbo enabled a century of dispossession.

The Carter Commission's "Moral Obligation" (1933)

The Kenya Land Commission (Carter Commission) of 1933 made crucial findings.

"Kibra was clearly designated to provide a home to the Sudanese ex-askaris."

"The government has a clear moral obligation to settle the Nubians."

"While we are fully satisfied of the necessity for moving the unauthorised residents of Kibra, we are not convinced of the necessity for moving the Sudanese."

The Commission found Nubians had been in "undisputed occupation of the said lands" and recommended permanent Sudanese (Nubian) settlement.

A 1934 Location Survey documents 397 plots, each allocated to named Kenyan Nubians with acreage recorded and a cemetery marked at the center.

The Systematic Theft

At 2024 Langata land prices of KSh 82.3 million per acre , the lost 3,909.9 acres equals approximately KSh 321.7 billion (USD $2.5 billion).

Where Did the Land Go?

Government Allocation to Middle-Class Estates:

• Ayany Estate

• Jamhuri Estate

• Langata Estate

• Ngei Estate (along Ngong Road)

European Appropriation:
Large tracts taken for sporting clubs and housing during colonial period.

The Mwangi Mathai Era (1974 to 1979):
The most dramatic dispossession occurred under MP Mwangi Mathai.

Kibra's population jumped from 20,000 (1975) to 65,000 (1980) (a 225% increase) through irregular allocation by chiefs and Provincial Administration.

A 1971 survey revealed 57% of structure owners were public officials.

By the 1990s, "conventional squatting was replaced by unauthorized commercial housing development... a result of its exceptional profitability" 

PART THREE: WHO OWNS KIBRA TODAY?

Research documents the ethnic distribution of landlords in Kibra.

55% of landlords are Kikuyus or Nubis living in estates outside Kibra as absentee landlords.

Only 8% of resident households report owning their housing.

"It is well-known that many national and local politicians own structures in Kibra (as in other slum areas in Nairobi) and the tenants form key constituencies for political mobilization."

Since the 1970s, local chiefs allocated land titles to private individuals without legal authority, creating 1,400 new structures and tripling Kibra's population in less than a decade

PART FOUR: THE POLITICAL EARTHQUAKE OF 1991

Multi-Party Politics and Land Contestation

Key Events of 1991:

• June 21: Raila Amolo Odinga ("Agwambo," Luo for "The Mysterious One") released from detention.

• October: He fled to Norway amid assassination threats.

• December: Multi-party politics legalized, ending one-party rule.

1992: First multi-party elections. Raila elected Langata MP, representing the constituency (including Kibra) for 21 years until 2013.

Multi-party politics transformed Kibra into Kenya's most contested electoral battleground.

The concentration of tens of thousands of voters made it strategically valuable Politicians systematically acquired structures to control tenant constituencies.

The 2001 Flashpoint

Raila Odinga stated at a political rally that "the government is the true landlord" 

This triggered clashes between Luo "tenants" and Nubian "landlords." He later clarified landlords included Kikuyus, Luos, Kambas, and Kisii as well as Nubians.

October 15, 2025

Raila Amolo Odinga died of cardiac arrest in Kerala, India, at age 80 while receiving medical treatment.

PART FIVE: THE ONLY NUBIAN IN PARLIAMENT

In Kenya's entire history, only one Nubian has served as Member of Parliament: Yunis Ali, representing Langata from 1969 to 1974.

The five year window of Nubian representation ended in 1974.

The most dramatic land losses occurred immediately after Yunis Ali left office.

PART SIX: THE UGANDA PARADOX

In Uganda, Nubians gained full constitutional recognition in 1995, establishing them as Ugandans since they settled before 1926.

Idi Amin, of Nubian descent, became President (1971 to 1979), elevating Nubians to crucial positions.

Despite post-Amin persecution (1979 to 1986) (settlements destroyed, bank accounts frozen, shops looted), Uganda Nubians returned and resettled under Museveni.

The 2014 census recorded 28,772 Nubians in Uganda with full citizenship rights.

Why the Difference?

Uganda: Political integration through Idi Amin created institutional presence. Constitutional recognition in 1995 solidified rights despite persecution.

Kenya: Nubians never gained political power. Viewed as "British collaborators" and "foreigners" despite pre-1963 presence.

Geographic fragmentation prevented unified organizing. Kibra's location 10 minutes from Nairobi's CBD made land extremely valuable and politically contested.

PART SEVEN: THE BRITISH DEBT UNPAID

Command Paper 281 of 1957: The Pension Transfer

In December 1956, the British War Office met with East African colonial governments and transferred responsibility for King's African Rifles pensions from Britain to colonial governments effective July 1, 1957.

British War Office buildings were handed over. In exchange, colonial governments assumed pension obligations.

This liability passed to independent Kenya in 1963.

What Kenya Still Pays Britain

The Mau Mau vs Nubian Compensation

British Ministry of Defence position (2017): "The majority of individuals recruited into colonial force regiments were citizens of that colony, and not British subjects... liabilities for pensions also transferred to that nation" ^[38] .

PART EIGHT: THE DELIBERATE FRAGMENTATION

After the 1897 Eldama Ravine Mutiny, when Nubian soldiers demanded better pay, the British deliberately dispersed families across multiple regions to prevent unified resistance.

Nubian Settlements Across Kenya (Population Distribution)

Nairobi Province (51%): Kibra (main settlement)

Rift Valley Province (16%): Eldama Ravine (mutiny site), Kapsabet, Iten, Mogotio, Katumo

Nyanza Province (15%): Kisumu town, Kibos, Bondo, Kibigori, Sondu, Kisii, Migori

Western Province (8%): Bungoma, Mumias, Busia, Kitale

Coast Province (7%): Mombasa (Mazeras area), Mombasa town

Eastern Province (2%): Meru (settled 1925), Isiolo

Central Province (<1%): Scattered settlements

Total Nubian population in Kenya: approximately 100,000

PART NINE: THE ADVOCACY PARADOX

In 2013, Nubian advocates launched citizenship recognition projects helping marginalized communities document their claims and navigate bureaucracy.

Recognition Timeline

The community that developed the advocacy model and helped others gain recognition remains unrecognized.

PART TEN: THE KIBOS MASSACRE

February 5, 2021: The Eviction

Kenya Railways Corporation conducted one of Kenya's most brutal recent evictions at Kibos, Kisumu.

• 3,500 Nubian residents forcibly evicted

• Armed police used teargas

• One child killed, trapped under debris as bulldozers demolished homes

• Eviction during COVID-19 night curfew

• Violated presidential moratorium on pandemic evictions

• No written eviction notice issued

The Court Victory

August 27, 2021: Environment and Land Court Kisumu ruled Nubians are licensed occupants; evictions violated constitutional rights.

March 21, 2025: Court of Appeal upheld the ruling, confirming community as licensed occupants.

November 2025: Despite court victories, 3,500+ affected members continue living as "squatters" on land they claim since 1936. National Lands Commission has promised to fast track title deeds .

PART ELEVEN: THE AFRICAN COMMISSION VICTORY

Communication 317/2006

On February 28, 2015, the African Commission on Human and Peoples' Rights issued a landmark ruling in The Nubian Community in Kenya v. The Republic of Kenya.

Violations Found:

Kenya violated the African Charter on Human and Peoples' Rights:

• Article 2 & 3: Discrimination and lack of equality

• Article 5: Arbitrary deprivation of nationality; degrading treatment

• Article 14: Breach of property rights

• Article 19: Right to equality before law

Specific Findings:

Discriminatory Vetting: Nubians face complex, humiliating processes not required of other Kenyans. Requirements include birth certificates of parents, national ID of both parents, title deed, death certificates of grandparents, recommendation letters, school certificates, and affidavits.

De Facto Statelessness: Those unable to obtain IDs left effectively stateless.

Land Rights Denial: Government insists Nubians are "squatters" despite century of residence.

Commission Recommendations:

• Establish objective, transparent, non-discriminatory citizenship criteria

• Recognize Nubian land rights with security of tenure

• Address discriminatory evictions

• Dismantle vetting system.

Partial Implementation

June 2, 2017: President Uhuru Kenyatta issued community land title for 288 acres to Kenyan Nubian Council of Elders Charitable Trust Deed.

The title was handed over to Sheikh Issa Abdulfaraj, chairman of the Council of Elders of the Kenyan Nubians.

"The Nubian community is elated, and we appreciate the commitment of President Kenyatta to right this long-running injustice. This outcome demonstrated how turning to the human rights institutions of the African Union can yield results, with sustained commitment by communities and a willingness on the part of the government to act."

Nubian Council of Elders, June 2017 

2025 Reality: Vetting discrimination continues. Only 1 Nubian recruited to military in 2025 . Community paralegals report members trying to get IDs for over 20 years 

PART TWELVE: THE BRITISH ARCHIVES RETURNED

December 13, 2024: The Handover

British High Commissioner Neil Wigan officially handed over digitized colonial archives to President William Ruto.

• 2,658 files spanning 1907 to 1968

• Over 300,000 images

• Records on Mau Mau insurgency, collective punishment, constitutional discussions

• Intelligence dossiers on Kenyatta, Odinga, Moi, Mboya

"These archives are a window into our shared history, meaning Kenyans can better tell their own story."

Neil Wigan, British High Commissioner, December 2024

August 2025: Public Access

The UK government handed over digital equipment enabling public access to the 300,000+ digitized files ^[63][64] . Kenya National Archives is now cataloguing the collection.

PART THIRTEEN: THE BRITISH INSTITUTE IN EAST AFRICA

The British Institute in East Africa (BIEA), based in Nairobi, holds one of the region's major physical archives, with collections relevant to both colonial and post-colonial histories of Kenya, including Nubian archival fragments ^[65][66][67] .

BIEA and its research partners contribute to the evolving picture of Nubian life through empirical studies covering cultural preservation, rural-urban migration, and identity negotiation.

BIEA-supported studies confirm that, despite repeated development projects and land loss, the overwhelming majority of Nubians identify Kibra as their ancestral home and advocate for development strategies respecting community heritage and land rights.

The "Tracing Nubian Archives" Project

An intergenerational, cross-cultural project launched in 2021 uses African archival practices to engage with the Nubian community . The project works with:

• Nubian objects held in UK museums

• Kenyan landscapes including WWI battlefields

• Nubian elder archives and oral histories

• The ongoing Kibos land court case

The project uses film, community gatherings, and digital repatriation to share their story.

PART FOURTEEN: QUESTIONS FOR BRITISH HIGH COMMISSIONER NEIL WIGAN

Based on this investigation, the following questions require direct answers from British High Commissioner Neil Wigan in a formal, community-attended interview:

On Archives and Access

1. Do the returned colonial archives (1907 to 1968) contain complete King's African Rifles recruitment records documenting Nubian conscription from the Upper Nile region?

2. Are the original 1918 gazette notices allocating 4,197.9 acres to Nubian ex-soldiers included in the digitized collection?

3. Does the UK hold additional documentation on Nubian military service in British National Archives (CO 581, CO 582, CO 623, CO 624, CO 820) that has not yet been repatriated?

4. Which specific files in the returned archives relate to Kibra land allocation and Nubian settlements across Kenya?

5. Are there additional "migrated archives" (FCO 141 series) relating to Nubians that remain classified or unreleased?

On Compensation and Accountability

6. Why did Britain compensate Mau Mau torture victims (£19.9 million to 5,228 people) but provide zero compensation to King's African Rifles veterans and their descendants who fought in multiple British wars?

7. What is the UK's position on Command Paper 281 of 1957 that transferred pension obligations to colonial governments without consulting the affected soldiers?

8. Given that Kenya still pays British colonial pensioners approximately KSh 2 million monthly (with an estimated 30 more years of payments), does Britain acknowledge any obligation to descendants of soldiers who fought for the Crown?

9. Is Britain prepared to issue a formal statement acknowledging the forced recruitment of Nubians and their subsequent abandonment after military service?

On Current Engagement

10. Is the British High Commission aware of the "Tracing Nubian Archives" project and has it provided financial or institutional support?

11. Would the UK support formal recognition of the Nubian community's contribution to British military campaigns through a dedicated memorial, exhibition, or public acknowledgment?

12. Would the High Commissioner consider entering direct dialogue with the Nubian Council of Elders and Nubian Rights Forum to ensure reparative processes reflect the authentic leadership of affected communities?

13. Can the Commission facilitate open, community-driven access to all pertinent documents in BIEA and UK National Archives, including direct support for collaborative research between BIEA and Nubian Rights Forum?

14. Would the UK support digitization and public access of King's African Rifles service records currently held by Kenya Defence Forces (EAP1556 collection)?

15. With scholarly evidence confirming the 1918 land allocation and subsequent 93% loss, would the UK government support a comprehensive audit to clarify who benefited from original Nubian land grants and whether reparations or restitution are owed?

PART FIFTEEN: THE ARCHIVES THAT COULD CHANGE EVERYTHING

Kenya National Archives Holdings

• Microfilm Item 90: "Kibra Nubian Ex-soldiers settlement-Nairobi

• Kenya Land Commission records (Carter Commission 1933)

• Coast Province Section 9: Records 1880 to 1962

• Nyanza Province-Kisumu District: Microfilm reels 1 to 58

British National Archives Holdings

• CO 581, CO 582, CO 623, CO 624, CO 820: KAR correspondence

• FCO 141: Migrated archives including 20,000+ items from 37 former colonies

• Command Paper 281 of 1957: Pension transfer documentation

British Library Endangered Archives Programme

• EAP1556: Recently discovered KAR service records from WWI, including individual service records with soldier names, origins, and service history

University of Nairobi E-Repository

• "Rights of minorities: a case study of Nubians in Kenya" (2011)

• "Impact of violation of right to land ownership on right to adequate housing among Nubian community in Kibra" (2024)

• "The Representation of Minorities: a Case Study of Nubians in Kenya"

These archives, properly examined and publicized, could provide the documentary evidence needed to resolve Nubian citizenship and land claims definitively.

PART SIXTEEN: THE COMMUNITY THAT ENDURES

Despite 147 years of systematic injustice, the Nubian community maintains its identity:

Language: KiNubi (Kinubi), a creole Arabic, remains the first language acquired exclusively at home. Many Nubians speak up to six languages: KiNubi, Arabic, Ekegusii, Kiswahili, Dholuo, and English.

Religion: Sunni Islam, with at least 8 mosques in Kibra led by Nubis.

Cultural Preservation: Traditional practices maintained including elaborate wedding ceremonies, respect for elders, distinctive women's dress, and strong community bonds^.

The Welcoming Paradox:

"Nubians have this tendency of welcoming people because they know harmonizing and working together is good in community sensitization and also economical and political, social development."

Ridhwan Malik

This welcoming nature was exploited as other ethnic groups moved into Kibra. Nubians became a minority (now only 15%) in their own settlement ^[18][82] . Yet the community continues to welcome, organize, and fight.

The Nubian Rights Forum Today

The Nubian Rights Forum started in 1997 as a human rights movement and was officially registered in 2011 ^[83] . The organization is located in Kibra but operates countrywide through networks in Nubian settlements.

Executive Director Shaffie Hussein documents ongoing discrimination ^[59][58] . Paralegals including Ridhwan Malik and Mariam Hussein run citizenship documentation programs.

The Citizenship Paralegal Program operates with 7 paralegals conducting:

• Radio advocacy

• School programs with citizenship competitions

• Community outreach at chiefs' barazas

• Youth empowerment creating "ambassadors of citizenship"

The paralegals walk the journey of documentation with applicants from first stage until issuance, providing psychological support while tracking the entire process, including documents requested, vetting procedures, time taken, denials and reasons for denials.

Ridhwan Malik's Interfaith Peacebuilding Work:

Ridhwan Malik works extensively in interfaith dialogue and peacebuilding. His work bridges Muslim Nubian communities with Christian and other faith groups across Nairobi, promoting citizenship rights as a foundation for inter-religious unity and conflict prevention.

This interfaith approach has proven critical in reducing ethnic and religious tensions in Kibra, where over 8 mosques led by Nubis coexist with churches and other faith institutions.

The Kenyatta Avenue Monument

The Askari Monument on Kenyatta Avenue, Nairobi was erected in 1928 to honor King's African Rifles and Carrier Corps soldiers who served in World War I.

The monument shows three African men: a porter, an askari (fighter), and a gun carrier . Two of the three figures are Nubians.

Critically, no names or ranks are given on the monument.

Unlike European war memorials that honor individual soldiers by name, these African soldiers remain anonymous in bronze, their sacrifice recorded but their identities erased.

PART SEVENTEEN: THE PATH FORWARD

What the Research Confirms

Every core claim is verified by documentary evidence:

▸ Land reduced from 4,197.9 acres to 288 acres (93.1% loss)
▸ Nubians served in KAR fighting British wars across Africa and Asia
▸ Carter Commission found "moral obligation" to settle Nubians
▸ British transferred pension obligations without soldier consent
▸ Kenya pays British pensioners while KAR descendants get nothing
▸ Uganda recognizes Nubians while Kenya denies them
▸ Vetting discrimination continues despite court rulings
▸ Communities Nubians helped gained recognition faster
▸ British archives returned December 2024 contain 300,000+ images
▸ BIEA and academic institutions document ongoing marginalization
▸ Only one Nubian MP (Yunis Ali 1969 to 1974) in Kenya's history
▸ 1971 survey: 57% of Kibra structure owners were public officials
▸ Kibos eviction killed a child in February 2021
▸ African Commission ruled against Kenya in 2015

What Happens Next

1. Formal interview with British High Commissioner Neil Wigan addressing all 15 questions, attended by Nubian Council of Elders, Nubian Rights Forum, and media

2. Complete audit of returned British archives for all Nubian-related documentation with community access

3. Investigation into the 3,909.9 acres of lost land: who received it, under what authority, current ownership, and restitution pathways

4. Full implementation of 2015 African Commission ruling requiring non-discriminatory citizenship criteria

5. Resolution of Kibos land case with proper titling for 3,500+ affected residents

6. End to discriminatory vetting for Nubian ID applications

7. British government acknowledgment of forced recruitment and abandonment

8. Reparations discussion addressing compensation disparity between Mau Mau victims and KAR veterans

9. Memorial recognition of Nubian military service including names on Kenyatta Avenue Askari Monument

10. Support for BIEA and "Tracing Nubian Archives" project

EPILOGUE: A STORY FINALLY TOLD

The monuments on Kenyatta Avenue stand silent: bronze Nubians frozen in service to an empire that abandoned them, their names unknown, their sacrifice recorded but their identities erased.

But living Nubians speak. Living Nubians document. Living Nubians demand.

147 years after forced recruitment. From soldiers to squatters. From 4,197.9 acres to 288 acres. From Carter Commission's "moral obligation" to African Commission rulings still unimplemented. From promises to betrayal.

The British archives have returned (300,000 images spanning 1907 to 1968). Somewhere in those files may lie the documentation to settle this century-old injustice.

The community endures. Stateless in their own land. Squatters on soil their ancestors transformed. Citizens in law but foreigners in practice.

Ridhwan Malik and the Nubian Rights Forum continue the struggle. The paralegals document. The elders remember. The youth organize. The interfaith work builds bridges.

Their story, hidden for too long, is finally being told.

Now it demands answers.

THE INTERVIEW THAT SPARKED THIS INVESTIGATION

In this interview, Ridhwan Malik, Paralegal at the Nubian Rights Forum, explains the deliberate British colonial strategy of fragmenting Nubian settlements across Kenya, the ongoing struggle for citizenship recognition, and why the true history of Nubians arriving as British soldiers (not refugees) remains hidden. This testimony sparked the investigative research that produced this report.

Interview conducted November 2025

This comprehensive investigative report was compiled from testimony by Ridhwan Malik (Paralegal, Nubian Rights Forum), cross-referenced with Kenya National Archives (Microfilm Item 90), University of Nairobi E-Repository, British National Archives (CO series, FCO 141, Command Paper 281), British Institute in East Africa archives, African Commission on Human and Peoples' Rights (Communication 317/2006), Open Society Justice Initiative documentation, JSTOR academic journals, Kenya Law Reports, Environment and Land Court rulings, and contemporary news reporting. Research conducted November 2025.

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