Britain seeks to settle Mau Mau case out of court

By Paul Wafula

Kenya: More than 10,000 Kenyans tortured at the hands of the British Government during the Mau Mau rebellion of the 1950s have moved closer to being compensated after London changed tack and started negotiations.

Lawyers familiar with the case said Britain has been forced to negotiate after a series of defeats in courts in London.

“Discussions have been ongoing but nothing official has been concluded,” Paul Muite, the Mau Mau war veterans’ lawyer told The Standard in a telephone interview Monday.

The lawyer, however, declined to give details of the offer that the British government has placed on the table on grounds that it would jeopardise the negotiations.

“The consultations continue to be confidential until a settlement is reached, but I am confident the matter will be concluded amicably,” Mr Muite said. Although the individual amounts will vary depending on the nature and impact of the torture, the total compensation is likely to run into billions of shillings.

“The British government’s attitude has been very immoral only raising technicalities in the case on two occasions. It has never filed a defence on the merits. It had challenged the case on grounds that it was time barred and also went ahead to argue that we should have sued the Kenyan government instead. But we won both petitions,” Muite said.

Settle case

It is understood that the British government is now hoping to settle the case out of court, as it seeks to mitigate the implications of an unfavourable ruling if the case goes to full determination.

British media reported Monday that the confidential talks between lawyers for the Foreign and Commonwealth Office and solicitors representing the Kenyan litigants started last month.

Should the lawyers get a deal for their clients, then this would be the first compensation settlement resulting from official crimes committed under colonial rule. Britain is afraid that a verdict in favour of the Kenyan case could pave the way for many other claims from around the world.

The Guardian newspaper reported that instead, Britain is offering to start negotiating a settlement.

According to a letter sent to lawyers representing some of the claimants, the Foreign Office is adjourning an appeal against last October’s High Court ruling, which gave victims the green light to sue the government.

“The parties are currently exploring the possibility of settling the claims brought by our clients,” Dan Leader, a partner with the Leigh Day law firm is quoted to have told The Guardian.

“Clearly, given the ongoing negotiations, we can’t comment further,” Leader said.

Leigh Day & Co is working with the Kenyan Human Rights Commission (KHRC) and the Mau Mau War Veterans Association.

On its part, Britain’s Foreign Office said it would be “inappropriate” to discuss the talks.

But in a prepared statement it added that it believes there should be a debate about the past.

Bloody events

“We understand the pain and grievance felt by those, on all sides, who were involved in the divisive and bloody events of the State of Emergency period in Kenya. It is right that those who feel they have a case are free to take it to the courts,” the statement said, adding that: “Our relationship with Kenya and its people has moved on and is characterised by close co-operation and partnership, building on the many positives from our shared history.”

“The human rights commission has already compiled a list of about 50,000 people claiming to be Mau Mau veterans,” Muite said.

The Mau Mau case is being seen as a test case whose implications may open the floodgates of thousands of litigants the world over in what promises to turn the tide against colonial masters.

Bishop Desmond Tutu and former South Africa First Lady Graca Machel are among those who have supported the Mau Mau case.