A case in which Mau Mau veterans are seeking compensation from
the British Government over alleged torture during the struggle for
independence enters a crucial stage next week.
The veterans are expected to give evidence from Monday in the UK.
The case, by survivors of the infamous detention
camps operated by the colonialists in the 1950s and 60s, will go on for
11 days in which Kenya’s freedom fighters will seek to prove that they
were tortured.
In the argument brought to the court last year,
Ndiku Mutwiwa Mutua, Paulo Muoka Nzili, and Wambugu Wa Nyingi argued
that they, with others, were herded to detention camps for opposing the
colonial government.
Last year, the British Government argued that their
claims are time-barred and should be struck out. It also stated that
since it had left Kenya, that all liabilities were transferred to the
Kenyan Government after independence in 1963.
But Mr Justice McCombe ruled that the elderly Kenyans had an “arguable” case to present before the court.
“There is ample evidence even in the few papers
that I have seen suggesting that there may have been systematic torture
of detainees during the Emergency.
“The materials evidencing the continuing abuses in
the detention camps in subsequent years are substantial, as is the
evidence of the knowledge of both governments that they were happening,”
he ruled in July last year.
The claimants say they represent the wider
community of hundreds of elderly Kenyans who survived the brutality,
including castrations, beatings and sexual assault at the hands of
British officials.
President Obama’s grandfather, Hussein Onyango
Obama, was among those who were allegedly detained and abused at the
time of the Mau Mau uprising against the British colonial
administration.
The Kenya Human Rights Commission and the Kenya Government have pushed for the case that now enters a crucial stage.
KHRC has hired the Leigh Day and Co law firm to
represent the three. Kenya supports the case especially since it argues
that it should not inherit the burden of compensation that squarely lies
before the British.
According to the Kenyans' lawyer Martyn Day, this
is an exceptional case in which the Judge should exercise his discretion
to allow the claims to proceed.
“The British Government has thrown everything at
these claims in an effort to derail them on technicalities. The Court
has already disapproved of these tactics and found that there is ample
evidence to support the claims. We are confident that justice will be
done,” he said in a statement on Thursday.
Last year, it was uncovered that the British
Government had tried to hide important documents about the Emergency as a
way of reducing the viability of the case.
Prof David Anderson, a British researcher on
Kenya’s colonial history and author of Histories of the Hanged, a book
on detention camps, discovered 17,000 files on the then Kenya colony
that had either been concealed or ‘lost.’
He is one of the three academicians on the Kenya Emergency, who have put in lengthy statements to support the torture claims.
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