This video is called Kenyan Mau Maus seek UK damages for torture – 23 June 2009.
By Paddy McGuffin in Britain:
Kenyans start case on colonial torture
Monday 16 July 2012
Three Kenyan nationals who allege they suffered horrific torture at the hands of British colonial authorities during the Mau Mau rebellion returned to the High Court in London today.
Paulo Muoko Nzili, Wambuga Wa Nyingi and Jane Muthoni Mara are seeking an apology and damages for their alleged torture in British camps during the Kenyan Emergency of the 1950s and ’60s.
The court heard that Mr Nzili was castrated, Mr Nyingi beaten unconscious during an incident where 11 men were clubbed to death, and Mrs Mara was subjected to appalling sexual abuse.
A fourth claimant, Ndiku Mutwiwa Mutua, has died since the case was initially brought.
A year ago they won a “historic” ruling which took them one step nearer to achieving their goal when Mr Justice McCombe said they had “arguable cases in law.”
The government argues that the claims cannot proceed as they have been brought outside the legal time limit but lawyers for the Kenyans argue it is an exceptional case.
Opening the case Richard Hermer QC, representing the three, said that the central issue was whether a fair trial was still possible.
He argued that it was as thousands of official records and other sources of primary documents had recently been discovered.
He added that the court should apply the “greatest caution” before shutting it out, he said – not least because the claims concerned allegations of severe torture and because it had already held that the claimants had reasonable prospects of success.
Mr Hermer said that, although key decision makers were no longer alive, high quality witnesses had been identified who were, and who could be traced.
He also claimed it was far from certain that the Foreign and Commonwealth Office did not still have relevant documentation which was potentially of high probative value.
Meanwhile Archbishop Desmond Tutu has accused the British government, in a letter to Prime Minister David Cameron, of continuing to refuse to deal with “these elderly torture victims with the dignity they deserve.”
“It is high time that the British government showed some magnanimity and compassion,” he added.
As the world watches the 2012 Olympics in London, kicked off with the opening ceremony’s lavish, quirky celebration of British civilization, three elderly Kenyans must patiently await a judge’s ruling in their case against the British government: here.