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.

Liberia ex-leader Charles Taylor to serve 50 years in jail

Liberia's ex-President Charles Taylor has been sentenced to 50 years in jail by a UN-backed war crimes court.

Last month Taylor was found guilty of aiding and abetting rebels in Sierra Leone during the 1991-2002 civil war.
Special Court for Sierra Leone judges said the sentence reflected his status as head of state at the time and his betrayal of public trust.
Taylor, 64, insists he is innocent and his lawyer has told the BBC he will appeal against the sentence.

“Start Quote

While Mr Taylor never set foot in Sierra Leone, his heavy footprint is there”

Judge Richard Lussick

In Sierra Leone, where victims of the war gathered in silence to watch the hearing on a large screen in a courtroom in the capital, Freetown, the sentence was welcomed.

The chairman of the country's Amputees' Association, Edward Conteh, told the BBC's Focus on Africa programme it came as a "relief" as Taylor was likely to spend the rest of his life in jail.
"It is a step forward as justice has been done, though the magnitude of the sentence is not commensurate with the atrocities committed," AP news agency quotes Deputy Information Minister Sheku Tarawali as saying.
'Heinous crimes' Taylor, wearing a suit and yellow tie, showed no emotion during the hearing.
"The accused has been found responsible for aiding and abetting some of the most heinous crimes in human history," Judge Richard Lussick said.

Sentencing the 64-year-old former president to 50 years means in effect that Charles Taylor will spend the rest of his life locked up in jail.
His defence team were hoping judges would take into account the fact that Taylor has a family: he is a father of 14 children and an educated man.
But the judges decided his role in aiding and abetting the RUF rebels in Sierra Leone was serious enough to warrant 50 years.
It is a sentence that human rights groups say will set a precedent and send a message out to other world leaders - that if they commit crimes against humanity they will be forced to face the consequences, regardless of how powerful they are.

The crimes - which took place over five years - included cutting off the limbs of their victims and cutting open pregnant women to settle bets over the sex of their unborn children, he said.

The prosecution had wanted an 80-year prison term to reflect the severity of the crimes and the central role that Taylor had in facilitating them.
But the judge said that would have been excessive - taking into account the limited scope of his involvement in planning operations in Sierra Leone.
However, Judge Lussick said in return for a constant flow of diamonds, Taylor provided arms and both logistical and moral support to the Revolutionary United Front (RUF) rebels - prolonging the conflict and the suffering of the people of Sierra Leone.
"While Mr Taylor never set foot in Sierra Leone, his heavy footprint is there," the judge said.
"The lives of many more innocent civilians in Sierra Leone were lost or destroyed as a direct result of his actions," he said.
In its landmark ruling in April, the court - set up in 2002 to try those who bore the greatest responsibility for the war in which some 50,000 people were killed - found Taylor guilty on 11 counts, relating to atrocities that included rape and murder.
He became the first former head of state to be convicted of war crimes by an international court since the Nuremburg trials of Nazis after World War II.
This "special status" had put Taylor in a "different category of offenders for the purpose of sentencing," the judge said.
His sentence was in line with others handed down by the Special Court for Sierra Leone. One of the convicted RUF leaders, Issa Sesay, received a 52-year jail term and a rebel from the Armed Forces Ruling Council (AFRC) group, Alex Tamba Brima, was given 50 years.
"But the difference is that those two - Brima and Sesay - are direct perpetrators: They carried out the crimes themselves," Taylor's defence counsel Morris Anyah told the BBC.
"The 50-year sentence pronounced today effectively is a life sentence for someone that age - the rules of the court prohibit expressly the imposition of a life sentence," he said.
These concerns - and other mitigating facts rejected by the judges, such as Taylor's role in ending the conflict - would be brought before the appeals chamber, the defence lawyer said.
'No remorse'

Taylor timeline

• 1989: Launches rebellion in Liberia
• 1991: RUF rebellion starts in Sierra Leone
• 1997: Elected president after a 1995 peace deal
• 1999: Liberia's Lurd rebels start an insurrection to oust Mr Taylor
• June 2003: Arrest warrant issued; two months later he steps down and goes into exile to Nigeria
• March 2006: Arrested after a failed escape bid and sent to Sierra Leone
• June 2007: His trial opens - hosted in The Hague for security reasons
• April 2012: Convicted of aiding and abetting the commission of war crimes
• May 2012: Sentenced to 50 years in jail

Taylor, who accused the prosecution of paying and threatening witnesses in his war crimes trial, had asked judges to consider his age when making their decision, saying he was "no threat to society".

But the trial chamber said that, given his social background and standing, "rehabilitation" was not likely.
The fact that he had not expressed remorse or apologised for his part in the conflict also affected the sentence, the judge said.
Earlier, his lawyers had urged the court not to support "attempts by the prosecution to provide the Sierra Leoneans with this external bogeyman upon whom can be heaped the collective guilt of a nation for its predominantly self-inflicted wounds".
In Liberia, Taylor's brother-in-law in Liberia, Arthur Saye, maintained the whole process had been "politically motivated".
"The sentence is outrageous. How can you give a man 50 years for only aiding and abetting?" he told the BBC.
The case was heard in The Hague for fear that a trial in Sierra Leone could destabilise the region.
The Dutch government agreed only if Taylor would serve any sentence in another country.
He will serve any prison term in the UK but will be held in The Hague until the results of his appeal - a process that could last up to six months, the BBC's Anna Holligan in the Netherlands reports.