As it is now common knowledge, the KHRC and the MMWVA working with Leigh Day and Co Advocates achieved an important victory when, on October 5, 2012, the Royal Courts of Justice in London ruled that the case against the British Government for the torture suffered under the colonial government during the state of emergency period in Kenya between 1952 and 1959 could go to full trial.
This journey to justice has been long and arduous. For over ten years (since 2003), the KHRC and the MMWVA remained focused and relentless in their fight for justice for the Kenyan victims of colonial torture as well as for the rightful recognition of our liberation heroes within Kenya’s body politic.
It is that focus and relentless commitment from the KHRC and the MMWVA that yielded the victory—an out of court settlement with the British Government; an apology from the British Government; and the funding of a memorial from the British Government.
The British Government challenged the case on two grounds- limitation and succession. They had argued that the case had been overtaken by time being over 50 years old and also that the Government of Kenya that took over the from the colonial government took over all its liabilities including such cases. However, they lost the case on both grounds when the court ruled that the case should go to full trial and they later agreed to a settlement with the MMWVA which constitutes the following:
- A statement of regret that was made by William Hague, the British Foreign Secretary, on the floor of the House of Commons on Thursday 6th June, 2013;
- An out of court settlement which will be in the form of payments to 5,228 individuals who are living victims of torture during the colonial era whose torture claims we have been able to authenticate; and
- A monument to victims of colonial era torture.
Today, together with the MMWVA , the KHRC and the British High Commission launch the design competition for the Mau Mau Memorial. Find the details here: http://www.khrc.or.ke/get-involved/consultancies/185-mau-mau-memorial-design-competition-brief.html