It was repeatedly explained to the LSK that clients’ names and personal details were confidential and could not be disclosed without their consent.Leigh Day obtained written advice from the Solicitor’s Regulatory Authority in the United Kingdom on the point and disclosed that to the LSK, however, the LSK persisted with the case in Nairobi and applied to the Court to force disclosure.
In her judgment 26 October 2015 at the Kenya High Court Mrs Justice Aburili ruled that: “I therefore … strike out the plaintiff’s suit against all the defendants for scandalous, misconceived, frivolous, vexatious, and bad in law and an abuse of the court process.”
Martyn Day, Senior Partner of Leigh Day said “We are pleased that the Kenyan High Court has now dismissed the claim brought by the Law Society of Kenya. We respect the LSK and were always prepared to sit around the table to try and resolve matters amicably with them. However, we were never going to be able to compromise the confidentiality our clients are entitled to. We hope we can now return to a more fruitful and cooperative relationship in the future.”
Davis Malombe, Deputy Executive Director of the KHRC said “We are delighted that Justice Aburili has dismissed this case at the earliest possible opportunity. Had the Law Society of Kenya met with us to allow us to clarify the position they would not have wasted precious time and resources on this case.”
In 2013 Leigh Day, the Kenya Human Rights Commission and Maumau War Veterans Association settled a landmark case on behalf of 5,228 Kenyans who were victims of grave acts of torture at the hands of British officials during the Kenya Emergency in the 1950s and 1960s.
The claimants each suffered unspeakable acts of brutality, including castrations and severe sexual assaults.
The legal battle in the United Kingdom against the British Government took four years to resolve and involved two lengthy court hearings, both of which the claimants won against the Government lawyers.
In 2015 the British Government unveiled a memorial in Uhuru Park Nairobi to the victims of colonial era torture, as part of the historic settlement.