Veterans to use decades-old letters, minutes to prove case

By Kenfrey Kiberenge in London

The three Mau Mau veterans suing the British Government for torture attempted to draw a direct link between the colonial regime and London. 

This happened as fresh details emerged showing that thousands of documents were systematically destroyed to prevent them from falling into the hands of post-independence governments, an official review has concluded.

The on-going case in London, UK will have access to an archive of 8,000 secret files that were sent back to Britain after Kenya gained independence in 1963.

Documents designated for destruction included “any papers which are explosive”, or anything that might “embarrass Her Majesty’s Government.”

This is revelation is contained in a 45-page document that contains a list of all the files earmarked for destruction.

The document was unearthed recently at the Hanslope Park in UK where all files containing information from the colonial era were secreted.

Excitement

It is understood that as Kenyans were caught up in excitement over hard earned freedom, some of the most sensitive files were removed and taken to the UK by navy ship or aircraft.

On Tuesday, London, through lawyer Guy Mansfield QC, for the first time admitted publicly that indeed torture took place in Kenya during the Mau Mau uprising.

Britain has lost the first argument that the Kenyan government should assume liability. They are also urging the presiding judge Justice Richard McCombe to throw out the case based on the amount of time elapsed between when the atrocities were committed and the filing of the case.

Mansfield is also seeking to delink the London government from the colonial administration that had set up base in Kenya.

But Richard Hermer QC, who is representing the ageing Mau Mau veterans, said they would present telegraphs sent by the then Secretary of State in London to the governor in Kenya. He also sampled letters sent by the governor to the general of staff in London briefing him on the operations in Kenya.

The barrister said the documents will also show that the London government had a grip on the administration in Kenya, using “thousands of pages of minutes and memos” that indicate Britain was briefed almost on a daily basis including on the happenings inside detention camps.

“I am just pointing out to you my lord the type of documents the court will get to make an informed decision. We have enormous amount of documents,” said Hermer.

Mansfield is expected to make his presentation as to why the court should not allow the case to proceed to full trial.