This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-19843719
The article has changed 9 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Mau Mau uprising: Kenyans win UK torture ruling | Mau Mau uprising: Kenyans win UK torture ruling |
| (35 minutes later) | |
| Three Kenyans who were tortured by British colonial authorities can proceed with their legal claims against the UK government, a court has ruled. | Three Kenyans who were tortured by British colonial authorities can proceed with their legal claims against the UK government, a court has ruled. |
| London's High Court ruled the case, relating to the 1950s Mau Mau uprising, could proceed despite the time elapsed. | |
| The ruling means the case will now go to a full trial. Lawyers for the three hailed it as a "historic" judgement. | The ruling means the case will now go to a full trial. Lawyers for the three hailed it as a "historic" judgement. |
| While the government accepts UK forces tortured detainees it denies liability and will appeal against the decision. | |
| The government had initially argued that all liabilities were transferred to the Kenyan Republic upon independence in 1963 and that it could not be held liable now. | |
| But in 2011, a High Court judge ruled the claimants - Paulo Muoka Nzili, Wambuga Wa Nyingi and Jane Muthoni Mara - did have an arguable case. | |
| The claimants' lawyers allege that Mr Nzili was castrated, Mr Nyingi was severely beaten and Mrs Mara was subjected to appalling sexual abuse in detention camps during the rebellion. | |
| A fourth claimant, Ndiku Mutwiwa Mutua, has died since a High Court ruling in July that the test case could go ahead. | |
| On Friday, Mr Justice McCombe said they had established a proper case for the court to exercise its discretion and allowed their claims to proceed to trial. | |
| 'Far-reaching implications' | |
| Lawyers for the three said that the judgment meant the government would now face potentially thousands of claims from Kenyans who suffered similar torture. | |
| A spokesman for the UK Foreign Office said the judgement had "potentially significant and far-reaching legal implications". | |
| "The normal time limit for bringing a civil action is three to six years. In this case, that period has been extended to over 50 years despite the fact that the key decision-makers are dead and unable to give their account of what happened," the spokesman said. | |
| "Since this is an important legal issue, we have taken the decision to appeal. In light of the legal proceedings it would not be appropriate for the government to comment any further on the detail of the case." | |
| The spokesman reiterated that the government did not dispute that each of the claimants suffered torture at the hands of colonial forces. | |
| "We have always said that we understand the pain and grievance felt by those, on all sides, who were involved in the divisive and bloody events of the emergency period in Kenya, and it is right that those who feel they have a case are free to take it to the courts," he said. |