Court clears four Kenyans to sue British state

FOUR elderly Kenyans who claim they were tortured during an anti-colonial rebellion in the 1950s can sue the British government, a judge has ruled.

The Kenyans say they were beaten and sexually assaulted by officers acting for the British administration who were trying to suppress the “Mau Mau” rebellion, in which groups of Kenyans attacked British officials and white farmers who had settled in some of Kenya’s most fertile lands. They say British administrators were aware they were being mistreated, and want an apology and compensation.

The British government tried to have the case thrown out, saying it could not be held legally responsible for the long-ago abuses. It argues that all the powers and liabilities of the colonial administration passed to the Kenyan government upon independence in 1963.

The four Kenyan claimants, who are in their 70s and 80s, say they were abused by European and African soldiers, officers and prison guards in the detention camps. Two male claimants — Ndiku Mutua and Paolo Nzili — say they were castrated, and Jane Muthoni Mara says she was violently sexually assaulted.

Judge McCombe said he had “not found that there was systematic torture nor, if there was, the UK government is liable”, but ruled the case should go to court.

The case could prove a headache for the British government, which fears it may lead to similar claims from citizens of other former colonies.