Government takes over Mau Mau case

By Peter Orengo

The government has taken over a case instituted by freedom fighters against the British Government.

The Mau Mau freedom fighters are suing the British Government for torture committed during Kenyans struggle for independence.

Already, the Attorney General Amos Wako has been in touch with the Solicitors and Barristers acting for the Mau Mau veterans and will identify a suitable Queen’s Council to assist in the case.

The Kenya Human Rights Commission (KHRC) has been representing the veterans win the case seeking reparations from Her Majesty’s Government for atrocities committed against the Mau Mau during the state of emergency period (1952–60).

The British moved to strike out the case on the ground of state succession. It said the Kenyan government was legally liable for colonial era tortures.

On Thursday, Foreign Affairs Minister Moses Wetangula refuted the claims and said Kenya will not accept any liability as it inherited the sins of the British colony and the British government.

"The Kenyan government disabuses any notion that any responsibility for torture committed during the emergency was inherited by the Kenyan government at independent," Wetangula said in a press conference.

He added that the government would support the veteran’s case in an application hearing set for June in the UK.

Already the British High Commissioner in Nairobi has been briefed on the government’s decision.

"The government is in full support of this case in every aspect. It will not be a bystander, it will be more than partners with the victims groups and the KHRC and lead the way," said Wetangula.

The minister asked the British government to lessen the costs of litigation by admitting liability in order to allow the case to move to the next stage of settling damages.

Last week Prime Minister Raila Odinga instructed the Attorney General to follow up the case in the UK and ensure the Mau Mau war veterans get justice.

Previous governments had neglected the Mau freedom fighters and many of them died without enjoying the fruits of their struggle.

"For over 40 years, Mau Mau remained a banned organisation until the Narc government came in to lift the ban. This has enabled the government start seeking for redress," said Wetangula.

The AG, who was present, asked Kenyans in their own volition to support the Mau Mau Veterans.

Others who were present included Mau Mau Association Spokesman Gitu Wa Kahengeri, a colonial DO who resigned during the emergency John Nottingham, George Morara and Muthoni Wanyeki of the KHRC.