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Second Mau Mau Case

40,000 Kenyans accuse UK of abuse

The Guardian Online
More than 40,000 Kenyans are attempting to sue the British government for compensation in a second
Mau Mau group action, alleging physical abuse or mistreatment during the insurgency against colo-
nial rule in the 1950s.
The new litigation against the British Foreign and Commonwealth Office (FCO) has been lodged at the high court in London, and comes after the UK government last year paid out £19.9m to 5,228 Kenyans who suffered torture at the hands of the colonial administration during the uprising.
The payout marked the government's first official acknowledgment of serious abuse committed during Britain's messy withdrawal from Kenya. The foreign secretary, William Hague, told parliament that the settlement was "full and final".
However, seven British law firms have been assembling new claimants, in some cases dispatching lawyers to Kenya and advertising for clients in local newspapers.
The new suit, according to the firms, involves 41,005 Kenyans and takes the form of a grouplitigation order, which allows related claims to
be managed collectively. According to court documents filed in May, the high court will hear 25 test cases.
Unlike the first Mau Mau case, these new claims are not restricted to those who endured extreme
physical violence. Claimants are seeking damages for a range of alleged offences, including false imprisonment, forced labour and an interference with their right to education.
Lawyers for the claimants say that a tentative trial date has been set for January 2016.
The claims refer back to 1952, when the colonial governor, Sir Evelyn Baring, declared a state of emergency in Kenya in an attempt to quash a mounting anti-colonial insurgency known as Mau Mau. Over the ensuing
eight years, an estimated 90,000 Kenyans were killed or injured.
More than 1 million were forced from their
homes into detention facilities, which Kenya's then attorney general Eric Griffith-Jones described as "distressingly reminiscent of conditions in Nazi Germany or communist Russia". Some were Mau Mau rebels, but many were civilians caught in a dragnet of collective punishment.