Tribespeople push MoD to brink of compensation deal

The Ministry of Defence has finally agreed to negotiate with Kenyan tribespeople left injured or bereaved by discarded army explosives, which could result in a multimillion- pound compensation payout.

In a landmark case, 220 members of the Masai and Samburu tribes are seeking a settlement of up to £4m for what they allege is MoD negligence.

The British Army for the past 50 years has been using ranges in Dol Dol, in the Masai tribal lands, and Archer's Post, a 1,500sq kilometre area that is home to 20,000 Samburu tribespeople.

They claim that each year four or five people – many of them children herding flocks – are killed or seriously injured, though the Army is adamant that clearance of the area is the responsibility of the Kenyan authorities.

While the MoD insisted yesterday that it had neither admitted liability nor agreed settlement of claims, solicitors for the Kenyans said they were confident mediation would result in most, if not all, the victims being compensated.

In March, the tribespeople approached the solicitors Leigh Day and Co and they have been represented since by Martyn Day. He said yesterday: "I am delighted that the MoD has at last come to its senses.

"Since putting the claim to them back in April of last year, we have been faced with one misleading statement after another as to what actually went on in Kenya.

"At last, there seems to be recognition that the responsibility for the appalling injuries and loss of life seen in these areas is primarily with the British Army." he said.

"Hopefully, we will be able to come to a speedy resolution of the claims and my clients can start the process of rebuilding their lives."

The solicitor described the plight of a 12-year-old boy, who was maimed when two of his friends were killed and he had to fight off hyenas as they devoured one of the bodies.

Paul Keetch, the Liberal Democrat defence spokesman, said: "It does seem to me that the MoD have an ethos of denying responsibility, taking it to the wire, then capitulating, and then having to spend a great deal of taxpayers' money in paying compensation. I think this is unfortunately another classic MoD blunder."

Yesterday, a spokeswoman for Leigh Day and Co said mediation meetings were set for mid-July. While certain areas of contention remained, she said, the main subject for discussion would be compensation.

"We think we might be able to mediate through any outstanding points. Most of it will be about claims," she added. The amounts were small in comparison with what a British person might require.

"These people live as tribespeople, they just want very simple adaptations, which to us would be quite obvious," she added.

The compensation claim was first started in the High Court last July before the MoD made an application to have the case transferred to the Kenyan capital, Nairobi. The application was later dropped after strong opposition from the claimants.

Yesterday a statement from Leigh Day and Co said the company believed this week's offer of mediation had come about after an army representative spent several months examining issues surrounding the case.

A MoD spokesman insisted, however: "Mediation has been on the table for some time. Leigh Day and Co have finally agreed to mediate.

"We haven't changed our position. We have not accepted liability and we have not accepted claims for compensation. We are just trying to move forward with the process. We certainly have not made any offers at this stage.

"Range safety is a matter for the Kenyan authorities, although we assist as much as we can with clearance activities. We want to establish whether there is a case to answer and try to agree through mediation rather than go through the courts."