Kenyan colonial rule victims in landmark court victory

October 05, 2012 08:04 pm | Updated October 18, 2016 01:10 pm IST - LONDON:

In a landmark judgement that could pave the way for other victims of the British "raj’’ to sue for damages, the High Court on Friday allowed three elderly Kenyans to go ahead with their case demanding compensation from the UK Government for their ill-treatment-- including torture-- by colonial forces for their alleged role in the Mau Mau rebellion in the 1950s and 1960s.

The verdict, hailed as a ``historic’’ turn in the Kenyans’ long legal battle, means that the case will now go to a full trial despite the Government’s argument that the normal time limit for bringing civil action of this nature has elapsed.

In his ruling, the judge Mr Justice McCombe said the victims had established a proper case for the court to exercise its discretion, and it had, therefore, decided t allow their claims to proceed to trial.

Lawyers for the claimants--Paulo Muoka Nzili, Wambuga Wa Nyingi and Jane Muthoni Mara—said they would seek a trial as ``quickly as possible’’ but would also press for an out-of-court settlement.

A fourth claimant, Ndiku Mutwiwa Mutua has died since the case began.

"This is a historic judgement which will reverberate around the world and will have repercussions for years to come," saidMartyn Day, one of the lawyers pointing out that the British Government had admitted that the men were brutally tortured but was trying to hide behind ``technical legal defences’’.

The Government said the verdict had "potentially significant and far-reaching legal implications" and planned to appeal.

During the hearings, the Government admitted that its colonial forces in Kenya tortured and abused Mau Mau rebels but argued that because of the time-lapse it faced "irredeemable difficulties" in relation to the availability of witnesses and documents. Initially it had argued that all liabilities for the actions of colonial forces had been transferred to the Kenyan Government at the time of independence in 1963.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.