A Kenyan man has moved to the High Court of Kenya, seeking the removal of the controversial ‘Naked Boy’ statue located next to the Supreme Court. John Mweha, a community leader from Kiambu County, filed the petition on August 9, 2024, citing cultural insensitivity and misrepresentation as key reasons for its removal.

Mweha’s petition is directed to Chief Justice Martha Koome, urging that the statue, which dates back to the colonial era, be replaced with one that aligns more with Kenyan values. The statue, erected by Mrs. Gertrude Hamilton in memory of her husband, Alexander George Hamilton, has sparked debate due to its depiction of a naked boy holding a slippery fish.

Highlights:

• Petition filed by John Mweha, a community leader, to remove the ‘Naked Boy’ statue near the Supreme Court.
• Mweha cites cultural insensitivity, colonial symbolism, and inappropriate representation in his petition.
• A statue was erected during the colonial era by Gertrude Hamilton in memory of her husband.
• Kenya’s judiciary argues the statue represents innocence and justice but refers the petitioner to the National Museums of Kenya.

Cultural Insensitivity and Colonial Legacy

In the petition, Mweha argues that the statue, which has stood for nearly a century, no longer reflects the values of post-colonial Kenya. He claims that the statue is “culturally demeaning, insensitive, and offensive,” especially considering that it features a naked boy. Mweha further contends that the statue’s depiction contradicts the values enshrined in Article 10 of the Kenyan Constitution, which emphasizes human dignity, equity, and social justice.

“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,” the petition reads.

Mweha also highlights the colonial symbolism of the statue, suggesting that retaining it undermines Kenya’s efforts to decolonize its public spaces. He adds that many countries have moved away from using colonial-era symbols, and Kenya should follow suit.

Misrepresentation of Justice

The petitioner raises several concerns regarding the symbolic nature of the statue. He argues that the naked boy holding a slippery fish portrays justice as elusive and difficult to grasp. Additionally, he suggests that the image of the boy peeing into the fountain beneath him mocks the judicial system. The six turtles included in the fountain’s design, according to Mweha, metaphorically represent stagnation, further distorting the image of justice.

Response from the Judiciary

In response to the petition, the High Court, through the Chief Registrar of Judiciary, Hon. Winfridah B. Mokaya, defended the statue’s presence. The judiciary explained that the statue symbolises the openness, innocence, and fearlessness of justice, likening it to global judicial symbols such as the ‘Lady of Justice.’

“The statue symbolizes justice as naked (open), innocent, blind, and fearless, akin to a child who indiscriminately engages all regardless of stature,” read the judicial’s statement. Furthermore, the statue has been part of Kenya’s judicial history for nearly a century and represents an important part of the country’s public memory.

Referred to National Museums

The High Court referred Mweha to the National Museums of Kenya since the Supreme Court building, including the statue, was gazetted as a national monument in 1995. The court argued that removing the statue would require public participation and consultation with the relevant cultural bodies.

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Despite this, Mweha continues his campaign. On August 30, 2024, he wrote to the National Museums of Kenya, but the response indicated that the ‘Naked Boy’ statue was not explicitly mentioned when the Supreme Court building was gazetted. The petitioner’s efforts to have the statue removed are ongoing, as he plans to return to the High Court to push the matter forward