LONDON: Three elderly Kenyans have won an historic legal victory over the British government after the high court in London gave them permission to claim damages for the grave abuses they suffered when imprisoned during the Mau Mau rebellion.

The court rejected the government’s claim that too much time had elapsed for there to be a fair trial, just as it threw out an earlier claim that the Mau Mau veterans should be suing the Kenyan government, not the British.  The three suffered what their lawyers describe as “unspeakable acts of brutality”, including castration, beatings and severe sexual assaults.

The British government’s lawyers have accepted that all three were tortured by the colonial authorities, so even though the case now has to go to a full trial, it is expected to be settled promptly with the payment of damages. An estimated 2,000 other Kenyans — the survivors of more than 70,000 Mau Mau suspects who were imprisoned during the seven-year insurgency in the 1950s — are now expected to come forward to sue the British government.  Many more men and women around the world who were imprisoned and allegedly mistreated during the conflicts that often accompanied the British retreat from empire may also be considering claims. A number of veterans of the Eoka insurgency in Cyprus in the 1950s are known to have been watching the Mau Mau case closely.

Friday’s ruling came after a series of legal battles over more than three years. Paulo Muoka Nzili, 85, Wambugu Wa Nyingi, 84, and Jane Muthoni Mara, 73, were originally accompanied by a fourth claimant, Susan Ciong’ombe Ngondi, who died two years ago, aged 71.

Mr Justice McCombe said a fair trial was possible and highlighted the fact that thousands of documents had been found in a secret Foreign Office archive containing files from dozens of former colonies.

Last year the judge had said there was “ample evidence even in the few papers that I have seen suggesting that there may have been systematic torture of detainees during the Emergency”.

Martyn Day, of the veterans’ law firm Leigh Day, said: “This is a historic judgment which will reverberate around the world and will have repercussions for years to come. We can but hope that our government will at last do the honourable thing and sit down and resolve these claims.”

By arrangement with the Guardian

Opinion

Editorial

China security ties
Updated 14 Nov, 2024

China security ties

If China's security concerns aren't addressed satisfactorily, it may affect bilateral ties. CT cooperation should be pursued instead of having foreign forces here.
Steep price
14 Nov, 2024

Steep price

THE Hindu Kush-Himalayan region is in big trouble. A new study unveiled at the ongoing COP29 reveals that if high...
A high-cost plan
14 Nov, 2024

A high-cost plan

THE government has approved an expensive plan for FBR in the hope of tackling its deep-seated inefficiencies. The...
United stance
Updated 13 Nov, 2024

United stance

It would've been better if the OIC-Arab League summit had announced practical measures to punish Israel.
Unscheduled visit
13 Nov, 2024

Unscheduled visit

Unusual IMF visit shows the lender will closely watch implementation of programme goals to prevent it from derailing.
Bara’s businesswomen
13 Nov, 2024

Bara’s businesswomen

Bara’s brave women have proven that with the right support, societal barriers can be overcome.