A ruling by a London court yesterday that Kenya colonial masters should be tried for atrocities and bloodshed witnessed in Kenya during the colonial days led to wild jubilation as tens of Kenyans who attended the ruling celebrated the judgment.
Justice McCombe, at the Royal court of Justice directed that the case against British Government by five Kenyan freedom fighters popularly known as Mau Mau should proceed to full hearing.
The court ruled that four of the five arguments by the Mau Mau were strong enough. "I have decided that the claimants (Mau Mau) have arguable cases, fit for trial on four of five of the bases presented," said Justice McCombe at the Royal Court of Justice. Some of the Kenyans carried placards reading "Pay for dirty deeds committed in Kenya".
The court dismissed an application by the Foreign Commonwealth Office (FCO) to have the matter thrown out and claimed that the colonialist did not transfer liability to the British Government after Kenya gained independence in 1963.
Robert Jay QC, who represented the FCO had urged the court to dismiss the case against Ndiku Mutwiwa Mutua, Paulo Muoka Nzili, Wambugu Wa Nyingi and Jane Muthoni Mara who are seeking compensation on behalf of the freedom fighters in Kenya and argued that "UK government should not be answerable for the abuses committed by the former British colony."
Yesterday, justice McCombe said on the application by FCO: "It will be appreciated that this is a novel type of claim on which there is no direct precedent to determine the matter in a court of first instance".
Richard Hermer, who represented the Mau Mau urged the court to speedily hear the matter because many of the freedom fighters were old and that there were chances that they may not get justice in the event of death.
He told the court that one of the Mau Mau, who he did not reveal by name had since died and that further delays on the matter could deny the surviving witness justice.
Justice McCombe , directed that the matter should be given a "human face" considering that the witnesses were elderly people and ruled that a pre-trial hearing will be conducted before next April.
He said the FCO had ample time to analyse some new 300 boxes containing fresh evidence on the operations of the colonial masters which were recently discovered in London.
The 17,000 documents released in May gave evidence of atrocities committed in its reports to Whitehall which were seen by ministers in the 1950s and 1960s.
Martin Day, a senior Partner at the Leigh Day and Co, who have been handling the Mau Mau case termed the court decision as a "Historic Judgment".
Day said, "Our clients do don't seek to become rich through bringing this action. What they are seeking is justice by way of an apology and a Mau Mau welfare fund to ensure that in their final days they and their fellow freedom fighters can live with an element of dignity."
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