5 Oct 2012

Mau Mau torture victims can pursue compensation claim

Three elderly Kenyan victims of torture during the Mau Mau uprising of the 1950s can pursue their compensation claims against the government, the high court rules.

The three victims, Wambugu Wa Nyingi, Paulo Muoka Nzili and Jane Muthoni Mara, won a ruling this morning that they had “arguable cases in law”. This means the trio can now pursue the government for compensation.

The Foreign & Commonwealth office had resisted attempts by the three victims to claim compensation, saying the actions were brought outside the legal time limit.

However, lawyers for the three Kenyans argued that it was an exceptional case in which the judge should exercise his discretion in their favour. The judge, Mr Justice McCombe, agreed. The victims’ lawyers claimed the decision was an “historic judgement”.

However, the government sdid it was “disappointed” with the decision as the usual time limit for bringing a case to trial is three to six years.

What is the case about?

The Mau Mau were a nationalist movement who advocated violent resistance to British colonial rule in Kenya. They were banned by the British authorities in the 1950s, while the Kenyan government declared a state of emergency in 1952 after a Mau Mau campaign of assassination and sabotage.

The British used killing and beatings to supress the Mao Mao, as well as detention camps where inmates suffered deprivation and mistreatment. Mau
Mau fighters meted out their own punishment to pro-British Kenyans, raiding loyalist villages and killing those living there.

The court will consider evidence about events in detention camps during the 1950s. Mr Nzili is alleged to have been castrated, while it is claimed that Mr Nyingi was beaten unconscious in an incident in which 11 men were clubbed to death. Mrs Mara was allegedly sexually abused.

A spokesperson for the Foreign & Commonwealth Office said: “In this case, that period has been extended to over 50 years despite the fact that the key decision makers are dead and unable to give their account of what happened.

“Since this is an important legal issue, we have taken the decision to appeal. In light of the legal proceedings it would not be appropriate for the government to comment any further on the detail of the case.

“At the same time, we do not dispute that each of the claimants in this case suffered torture and other ill treatment at the hands of the colonial administration.

“We have always said that 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, and it is right that those who feel they have a case are free to take it to the courts.”