SUMMARY OF THE MAU MAU SETTLEMENT

 

The settlement is based on the case of Ndiku Mutua & Others – v – The Foreign and Commonwealth Office Case No: HQ09X02666 of 2012, a test case on torture that was filed in the UK by the law firm, Leigh Day, on 23^rd June 2009. There were five claimants in this case: Ndiku Mutua, Jane Muthoni Mara, Wambugu Nyingi, Paulo Nzili and Susan Ciong’ombe Ngondi.  Susan Ngondi passed away whilst Ndiku Mutua withdrew for personal reasons.

The British Government challenged the case on two grounds: state succession and limitation.  Under the State Succession contention, the British Government argued that it was not liable for atrocities committed by the British colonial regime and, if such liability survives, it was transferred to the Kenyan Republic (via s.26 of The Constitution of Kenya (Amendment) Act, (Act No 28 of 1964)). On the issue of limitation the British Government argued that the claims were time barred by virtue of the Limitation Act (1980) in that they should have been brought much sooner.

The British Government lost on both these grounds i.e. the court found that the case was properly before the British Courts and that it was not barred by virtue of the fact that the events had occurred several decades ago.  Both these decisions are precedent setting.   The first ruling was delivered on July 2011 and the second in October 2012.  Due to the unprecedented nature of both these rulings they have received immense coverage in both the local and international press. It is important to state that these were decisions on preliminary matters and the case never proceeded to a full hearing on the facts since it has now been settled.

On 6^th June 2013, the British Government announced that it had reached an out-of-court settlement with Leigh Day, the Mau Mau War Veterans Association (MMWVA) and Kenya Human Rights Commission(KHRC). To the War Veterans, the journey to justice had been long and arduous. For over ten years now (since the ban on Mau Mau was lifted in 2003), the KHRC and MMWVA have remained focused and relentless in their fight for justice for Kenyan victims of colonial torture as well as for the rightful recognition of our liberation heroes within Kenya’s body politic.

The settlement has three components: (a) A statement of regret made to victims of colonial era torture, by the Foreign Secretary of the UK in the House of Commons on 6^th June, 2013; (b) Damages awards made to 5,228 individuals who fit the criteria of torture as set out in the test-case claims of Jane Muthoni Mara, Wambugu Nyingi and Paulo Nzili  and who personally authorized Leigh Day & Co to act on their behalf; and (c) a contribution that will be made by the British Government towards the construction of a monument in memory of Kenyan victims of colonial era torture.