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Kenyans' 4,000-mile journey for justice

Five decades after the Mau Mau uprising, the battle for compensation for British atrocities comes to court

By Robert Verkaik, Law Editor

The veterans who have brought a legal action against the British Government outside the High Court in London yesterday

AFP/GETTY IMAGES

The veterans who have brought a legal action against the British Government outside the High Court in London yesterday

The five elderly Kenyans who stood on the steps of the Royal Courts of Justice had, until yesterday, never set foot outside of Africa.

They had travelled 4,000 miles to London to secure an apology – and compensation – from the British Government over the killing, torture and abuse they say was suffered by thousands of Mau Mau fighters during the 1950s and 60s.

For Ndiku Mutua, born in 1932 in Kilungu village in the Machakos district of Kenya, it is a last chance to force Britain to acknowledge its role in his torture. Mr Mutua says he was beaten and castrated after admitting giving food to the Mau Mau supporters who were living in a nearby forest during the early 1950s.

He told the district authorities that he sympathised with the independence movement and supplied the Mau Mau rebels with four cows. Mr Mutua, now 77, was arrested by four soldiers who beat him with rifle butts with such ferocity that they broke his jaw.

The herdsman was later taken to Lukenya Detention Centre where he was stripped and taken to a separate room. In that room Mr Mutua was forcibly castrated with pliers. Despite the pain he managed to escape with three other men who had also been castrated. He was lucky and survived his ordeal after receiving medical treatment in secret from the local hospital. His three colleagues all died from their injuries.

Mr Mutua, who never married, said yesterday: "I live with the physical and mental scars of what happened to me. Not a day goes by when I do not think of these terrible events. At last I can tell my story and at last I can hope for justice from the British courts."

His story is among five test cases filed yesterday at the High Court in a legal action that could bring compensation for thousands of Kenyans who also claim to have suffered at the hands of the British.

The London-based human rights law firm Leigh Day & Co and African and British historians have helped to uncover detailed archival research which they claim makes clear that far from being the acts of a few rogue soldiers, the torture and inhuman and degrading treatment of Kenyans during this period resulted from policies which were sanctioned at the highest levels of the British government by the then Colonial Secretary. The Kenyan Human Rights Commission has now documented more than 40 cases of castration, severe sexual abuse and unlawful detention. In all the documented cases it is alleged that the acts of torture were carried out directly by officers of the British colonial government.

Martyn Day, a senior partner at Leigh Day & Co, said: "Although these events took place 50 years ago, the repercussions of what happened have stayed with the victims and Kenyan society to this day.

"By bringing these claims we hope to obtain justice for these Kenyans. However, it is also time for us Britons to come to terms with this historic wrong which is a stain on British history."

He added: "It is ironic that, at the time Britain was instrumental in the creation of the post-war human rights treaties, conventions and institutions, it was violating fundamental human rights in Kenya on a breathtaking scale."

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Justice ??????
[info]stuarttootell wrote:
Wednesday, 24 June 2009 at 12:26 am (UTC)
How nice to see that the murdering Mau Mau survivors whose babaric practices used on those it captured,men women and children tortured maimed enlaved and raped to death are now able to sue for injuries supposedly sustained in their evil campaign of terror which encompassed all race and ceeeds in Kenya at the time.

Many of these horrific crimes were committed under the influence of mind altering substances, many were committed in cold blood.

Alas the victim is now the criminal and the criminal the victim ,the good Samaritan is now the resident evildoer in our modern (sic) society.

Perhaps the human rights firm Leigh Day and co. along with the historian could, nay should be encouraged to present photographic images and written statements and scars both mental and physical from the victims of the Mau Mau detailing the delights they suffered at the hands of the barabaric Mau Mau torturers.

Indeed it is a wonderful society that practices a reverse discrimination policy on its members as it does in the United Kingdom.

Indeed the current trend so beloved by the trendy wooly minded I can afford my principles living in their ivory towers isolated from reality left wing itellectuals is a sad comment on modern (sic) society.

Gordon Clown and his band of of village idiots turn their back on injured returning servicemen and servicewomen,social services are cut to the bare bone, yet allow the Mau Mau bandits to sue in a British court funded by public funds to yet further rub the noses of the Brithish people in the dirt.

Can you wonder that the B.N.P. garner enough votes to gain a seat in the European parliament ?

the man and the woman on the street are sick of reversre ethnic, religiuos and cultural discrimination and court actions like the above are reinforcing the right wing backlash that is happening now.

Drakes drum will surely soon beat and the United Kingdom will I hope soon return to sanity.

Drakes drum will soon
Re: Justice ??????
[info]alan_partridge1 wrote:
Wednesday, 24 June 2009 at 08:39 am (UTC)
stuarttootell - How can you excuse the behaviour of the degenerate sadists running the torture camps where people were whipped to death and sodomised with broken bottles? Whatever the Mau Mau may have done does not mean that professional soldiers should indulge in an orgy of depravity. It is your mindset that allows evil to flourish. The British had no business in Kenya. They were illegally occupying it and draining it of its resources and enslaving its people. The uprising would never have happened if the British had never been there in the first place.
Mau mau
[info]ouldbob wrote:
Wednesday, 24 June 2009 at 08:39 am (UTC)
As I remember it, the maumau were murderous terrorists who raped and slaughtered white women at every available opportunity. Legitimate settlers were massacred by them. What's to apologise for? Murdering swine: lynch the buggers.
Re: Mau mau
[info]alan_partridge1 wrote:
Wednesday, 24 June 2009 at 11:42 am (UTC)
ouldbob wrote:

'Legitimate settlers' - Legitimate in whose eyes? They were British not Kenyan. They weren't invited. They invaded and enslaved the country. What would you have done if Kenya invaded Britain? Gone on a march?

'What's to apologise for' - Indulging in an orgy of sadistic violence perhaps? You think castrating someone with pliers is acceptable?

[info]tobyandtoby wrote:
Wednesday, 24 June 2009 at 12:24 pm (UTC)
What was, was, in terms of colonialism, it's over now, governments did that type of thing back then, right back to the egyptians and even before them too.

Try to seperate colonialism from the grieveance- right or wrong these blokes have. Or else miss the picture. Also remember that girls getting married at 13, and a gin-soaked mum was a common sight until 1900: what was once the norm, is no longer the norm. Blaming the methods an army used at war back then is trying to impose our modern norms on their common life back then- even as late as the Mau Mau uprising. I cant stand revisionism.
[info]alan_partridge1 wrote:
Wednesday, 24 June 2009 at 01:47 pm (UTC)
tobyandtoby wrote "Blaming the methods an army used at war back then is trying to impose our modern norms on their common life back then"

We only talking about the 1950s - people one generation ago i.e. living memory and the legacy is still blighting lives today. Had the public known back then what the soldiers were perpetrating - they would have been outraged but it was kept out of the public eye.

In the 1900s, Belgian imperialists were amputating Conglese as a punishment for not collecting their quota of rubber. Public outrage as a result of campaigning back in Europe forced them out.

In the 1800s public outrage of the horrors of the slave trade forced it to be outlawed. Just because people lived 200 hundred years ago doesn't mean that there wasn't a notion of common decency and moral behaviour. Being sanctioned by an undemocratic state doesn't make it the normal standard of behaviour.

Equally, now, despite our modern norms, the british and american military is still indulging in depraved sadism on suspects as we have seen in Bagram, Abu Graib and Guntanamo. Then there are the rendition torture sites and squaddie blood lust as in the case of Abu Mousa. It is Kenya all over again and the passage of time hasn't civilised them - still behaving like a bunch of unprofessional, evil savages.
[info]tobyandtoby wrote:
Wednesday, 24 June 2009 at 01:57 pm (UTC)
I said at the end, quite clearly "even as late as the Mau Mau uprising".

Look mate, in 1962 my mum left London to go to a Catholic convent that accepted "Wayward women" (ie: those pregnant out of wedlock) to give birth to me. Once I was dropped, the nums made her scrub the floors in pennance.
Like I said, I hate revisionist history.
[info]tobyandtoby wrote:
Wednesday, 24 June 2009 at 02:04 pm (UTC)
Ie: Tell it like it was actually at the time for those who lived IN that time, or don't bother.
Kenyans' 4,000-mile journey for justice
[info]famulla wrote:
Wednesday, 24 June 2009 at 05:04 pm (UTC)
Kenyans' 4,000-mile journey for justice
Kenyans' 4,000-mile journey for justice
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Kenyans' 4,000-mile journey for justice
Kenyans' 4,000-mile journey for justice
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How Chife How chief
I thank you
Firozali A Mulla
Kenyans' 4,000-mile journey for justice
[info]famulla wrote:
Wednesday, 24 June 2009 at 05:06 pm (UTC)
Kenyans' 4,000-mile journey for justice
Kenyans' 4,000-mile journey for justice
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Kenyans' 4,000-mile journey for justice IF NOT GOTO line 1
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Kenyans' 4,000-mile journey for justice END NO JUSTICE TRY AGAIN
I thank you
Firozali A Mulla
Justice ???????
[info]stuarttootell wrote:
Thursday, 25 June 2009 at 01:10 pm (UTC)
To set the record straight a now deceased member of my family was involved in missionary work in Kenya at the time of the Mau Mau uprising,his wife was a teacher at a local school and she was a white Englishwoman. who loved the people and her teaching.

One day the Mau Mau came a calling and took both husband and wife prisoner as being white and English they were dangerous,the Mau Mau men (if that is a worthy term to use) then proceeded to rape and sodomise my relatives wife in front of his eyes. When that episode finished they skinned the woman alive cut out her heart and liver and ate them raw as the belief was that such an action made one invincible.At that moment in time a section of the tribe from the settlement stormed the camp and freed my uncle and drove of the Mau Mau terrorist killing 2 or three of them in the ensuing fracas.

my uncle returned to England a broken man who suffered for many years mentally from having watched the actions of Mr Alan Partridge personal heroes The Mau Mau.

If we were to follow the train of thought that Mr Partridge supports indeed we should compensate the executed Nazi war criminals families on the grounds the we (The British) should never have been in Germany or Europe for that matter from 1939_1945

Sorry Mr. Partridge but your misguided view and support for thugs is as effective as a chocolate fireguard.

Indeed a wonderful example of a plaster saint and an armchair hero.

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