In a landmark decision, and one which could open the floodgates to a series of lawsuits against Britain and other former colonial powers, the High Court in London ruled that four elderly Kenyans have “arguable cases in law” and can therefore sue for damages. However, the judge, Richard McCombe, said: “I have not found that there was systematic torture nor, if there was, the UK Government is liable.”
Following the court’s decision, concern reverberated in the corridors of the Foreign and Commonwealth Office that Britain could be faced with additional lawsuits from individuals in countries which were once part of the British Empire. The FCO argues that Britain cannot be held responsible – either morally or financially – for what happened during the Mau Mau uprising, from 1952-1961, because responsibility passed to the Kenyan government following the country’s independence in 1963.
The Mau Mau uprising in Kenya gained impetus after Harold Macmillan’s momentous “Wind of Change” speech in 1960 in which the Prime Minister said the “growth of national consciousness” among African peoples living under colonial rule was “a political fact”.
According to some estimates, 150,000 people suspected of belonging to the Mau Mau were rounded up by British and native auxiliaries, and placed in camps without trial.
The plaintiffs who appeared before the High Court say they were physically and sexually assaulted by pro-British Kenyan forces and that the British authorities turned a blind eye to this.
