Mau Mau Uprising: Kenyans Seek Damages From Government

Kenyans Seek Damages Over 'Atrocities' During Mau Mau Uprising

An attempt by three elderly Kenyans to win damages from the Government over alleged colonial atrocities during the Mau Mau uprising returns to court on Monday.

A year ago, they won a "historic" ruling which took them one step nearer to achieving their goal when Mr Justice McCombe said they had "arguable cases in law".

The fresh hearing at London's High Court will focus on the Government's argument that the claims cannot proceed because they have been brought outside the legal time limit - but lawyers for the Kenyans will argue that it is an exceptional case in which the judge should exercise his discretion in their favour.

During the two-week hearing, the court will consider evidence about events in detention camps during the 1950s from Jane Muthoni Mara, Paulo Muoka Nzili and Wambuga Wa Nyingi.

The court has heard that Mr Nzili was castrated, Mr Nyingi beaten unconscious in an incident in which 11 men were clubbed to death, and Mrs Mara was subjected to appalling sexual abuse.

The claims are being brought with the support of the Kenya Human Rights Commission and the Kenya government.

Solicitor Martyn Day has said: "A lot of the evidence about what happened will be put into the public domain and people will be able to judge for themselves.

"So, even if the judge rules that the trial cannot go ahead because of the time that has passed, just having that trial is a major victory."

Mr Day says that the claimants want an apology and a Mau Mau welfare fund to ensure that they, and their fellows, can live with an element of dignity in their final days.

When Mr Justice McCombe gave his ruling last year, he emphasised that he had not found there was systematic torture in the Kenyan camps nor that, if there was, the UK government was liable to detainees, such as the claimants, for what happened.

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