Kenyan victims to sue

In a historic judgment last week, Mutua & Ors v Foreign and Commonwealth Office [2011] EWHC 1913 (QB), the high court dismissed the government’s attempts to strike out the claims on the grounds of “state succession”. Under this argument, all liabilities were transferred to the Kenyan Republic on independence in 1963 and therefore the Kenyan rather than the British government is legally responsible.

However, Mr Justice McCombe called the Foreign Office’s attempt to block the case “dishonourable”, and declared the case fit for trial.

The claimants say they suffered brutal acts at the hands of the British authorities, including castrations and severe sexual assaults, for their part in the Mau Mau rebellion in 1950s Kenya. They represent hundreds of surviving victims of abuse. Those detained at the time included President Obama’s grandfather.

McCombe J said in his judgment: “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 and of the failure to take effective action to stop them.”

Martyn Day, senior partner at Leigh, Day and Co, who is representing the Kenyans, said the judgment “ensures that the full history of that terrible chapter in British history will be told”.

He called on the Foreign Secretary to meet with the claimants and resolve the case amicably.
Foreign Office Minister for Africa, Henry Bellingham MP said: “We understand the pain and grievance felt by those, on all sides, who were involved in the divisive and bloody events of the Emergency period in Kenya.

“Despite [this] judgment, the government will continue to defend fully these proceedings given the length of time elapsed and the complex legal and constitutional questions the case raises. We have taken note of the judgment and are considering next steps.”