NAME OF CASE

Ndiku Mutua, Paulo Nzili, Wambugu Wa Nyingi, Jane Muthoni Mara and Susan Ngoni v. the Foreign and Commonwealth Office (Claim No. HQ09X02666)

PERIOD OF OPERATION

June 2006 – present

RESOURCES

Claimants’ letter to Gordon Brown [Jun 2009]
Particulars of claim [Oct 2009]
Statement by Kenyan government [Apr 2010]

RESULTS

On 23 June 2009, the Mau Mau War Veterans’ Association and the Kenya Human Rights Commission, through London law firm Leigh Day & Co., filed a suit at the British High Court, opening the way for thousands of Kenyans to seek redress for atrocities suffered at the hands of the British Colonial Administration. The case calls for reparations on behalf of five elderly Kenyans who allege they were tortured by British authorities between 1952 and 1960.

The British Colonial Administration has been accused of “systematic torture, starvation and the burning alive of detainees” during the Mau Mau movement for independence [Guardian| 7 Apr 2011]. The allegations are supported by evidence found in the British Foreign Office archives during the investigation into the claims [BBC | 9 May 2011]. The claimants are seeking redress in the form of a welfare fund and a statement of regret [Political Articles| 12 Apr 2011].

The Foreign Office has not refuted that torture took place, but maintains that the UK government is not liable for the crime, citing the law of state succession [Guardian| 7 Apr 2011]. Although the events took place while Kenya was a British colony, the current British government has placed responsibility on the Kenyan government [BBC | 11 May 2009]. Human rights groups and legal experts have criticised the British response [Leigh Day & Co. | Apr 2010]. The Kenyan government has denied any liability and stated that it supports the claimants’ case against the British government [Political Articles| 12 Apr 2011].

On 21 July 2011, a judge of the British High Court ruled that the claimants have an arguable case [Business Daily | 22 Jul 2011], which is the first step towards a full hearing and thus a victory for the victims.

BACKGROUND

Early in 2006, the Mau Mau War Veterans’ Association and the Kenya Human Rights Commission prepared to file a suit in UK courts to hold the government responsible for abuses committed against the Mau Mau opposition movement during British colonial rule.

In October 2006, the first formal demand for compensation of Mau Mau fighters was presented to the British government [BBC | 5 Oct 2006]. After unsuccessful attempts to get the British government to respond to the claim satisfactorily, in 2007, the Kenya Human Rights Commission prepared to file a representative lawsuit in the British High Court on behalf of the survivors.

SOURCES

[BBC | 11 May 2009]
[BBC | 9 May 2011]
[Business Daily | 22 Jul 2011]
[Guardian| 7 Apr 2011]
[Leigh Day & Co. | Apr 2010] 
[Political Articles| 12 Apr 2011]