Skip to main content

UK to compensate more than 5,000 Kenyans over colonial-era torture

By Faith Karimi, CNN
June 7, 2013 -- Updated 0120 GMT (0920 HKT)
STORY HIGHLIGHTS
  • The abuse occurred from 1952 to 1961
  • Fighters from the Mau Mau movement battled British forces for land and freedom
  • Colonial forces killed thousands of fighters and detained others

(CNN) -- Decades after the end of colonial rule, thousands of elderly Kenyans are getting compensation and an apology from Britain for years of torture during the fight for independence.

Britain announced a £19.9 million ($30 million) settlement Thursday for human rights violations during its colonial rule in the East African nation.

"The British government sincerely regrets that these abuses took place and that they marred Kenya's progress towards independence," British Foreign Secretary William Hague said.

The victims had accused the former colonial master of a series of human rights violations, including rape, illegal detentions and castration.

Kenyan torture victims demand apology

"The elderly victims of torture now at last have the recognition and justice they have sought for many years,"said Martyn Day of Leigh Day, the law firm that represented the plaintiffs. "For them, this significance of this moment cannot be overemphasized."

In addition to the payout for the 5,228 victims, the UK said it plans to fund the construction of a memorial in Kenya to honor the freedom fighters.

"This is part of a process of reconciliation," Hague said. He denied that the settlement could potentially open the floodgates for colonial-era claims from other former British colonies.

Plaintiffs provided evidence of torture, and the amount of payout will be based on the scale, according to Donald Rabala, another attorney representing some of the fighters.

The abuse occurred between 1952 and 1961, when fighters from the Mau Mau movement battled British forces for land and freedom. Colonial forces killed thousands of fighters and detained others, including Kenyans who were not part of the rebel group.

Kenya went on to gain independence from Britain in 1963.

Secret files

Day said the "long, hard struggle for justice" took four years.

The Mau Mau veterans' claims, issued in 2009, faced resistance from Britain, which said the statute of limitations had expired. The veterans filed a lawsuit, but the British government asked the judge to throw out the case, saying it transferred all liability to Kenya when the country gained independence.

Kenya rebuffed the blame and stood behind the victims.

In January 2011, Britain found secret documents detailing the torture, which provided a big break for the case, Day said.

Britain kept immaculate records that revealed systemic human rights violations, including graphic accounts of prisoner abuse, he said.

The Foreign Office was ordered to produce all evidence relevant to the Kenya case, including hundreds of boxes of files, secretly smuggled out of Kenya ahead of independence.

Court paves way for lawsuit

After the revelation of the secret files, a court ruled that there was enough evidence to proceed to trial.

Last year, the London high court ruled that three Kenyans tortured during the colonial rebellion could sue the United Kingdom for compensation. Thousands of others followed suit.

The three men who filed the original case made numerous trips to London to give their testimony. They are among the group that will be compensated.

After the ruling last year, thousands of miles away in the Kenyan capital of Nairobi, jubilant colonial-era fighters, balancing on canes, gingerly danced.

Others prayed and wept.

"It's a great day. I am as happy as the day I was released" from the detention camp, said Wambugu Wa Nyingi, one of the three original plaintiffs.

Who are the Mau Mau?

The Mau Mau insurgency was made up of Kenya's largest tribe, the Kikuyu. Its members were against British domination and fought colonial forces for years.

During the uprising, as many as 150,000 Kenyans were incarcerated in what was then British East Africa, accused of joining resistance movements started by marginalized tribes. Among them were many civilians, including U.S. President Barack Obama's grandfather.

Obama referred to his grandfather's incarceration in his memoir "Dreams from My Father," writing that he was held for six months by the British, but found innocent.

CNN's Nima Elbagir contributed to this report from Nairobi, Kenya

ADVERTISEMENT
Part of complete coverage on
April 18, 2014 -- Updated 1439 GMT (2239 HKT)
Tethered to an IV drip, 71-year-old Shin Young Ja lies under a thin fleece blanket, nursing a broken back and wracked with survivor's guilt.
April 18, 2014 -- Updated 1123 GMT (1923 HKT)
Family members of the missing passengers are pinning slim hopes on floundering air pockets.
April 17, 2014 -- Updated 1614 GMT (0014 HKT)
An Iranian mother slaps and then forgives her 17-year old son's murderer in dramatic scenes at the gallows.
April 16, 2014 -- Updated 1135 GMT (1935 HKT)
An "extraordinary" video shows what looks like the largest and most dangerous gathering of al Qaeda in years.
April 14, 2014 -- Updated 1230 GMT (2030 HKT)
Explore each side's case, reconstructed from Pistorius' court affidavit and the prosecution's case during last year's bail hearing.
April 16, 2014 -- Updated 1237 GMT (2037 HKT)
Mentions of the 1989 Tiananmen Square student protests or political reform are still censored in China.
April 18, 2014 -- Updated 0934 GMT (1734 HKT)
The Hadza are one of the last communities of hunter-gatherers in the world -- but losing their land.
April 19, 2014 -- Updated 0122 GMT (0922 HKT)
In choosing to change a traditional practice, Francis is being as radical as Jesus was in his own time.
April 18, 2014 -- Updated 1113 GMT (1913 HKT)
Too weak. Can't handle pressure. Unattractive to sponsors. Susie Wolff has heard it all.
April 20, 2014 -- Updated 0249 GMT (1049 HKT)
Browse through images you don't always see on news reports from CNN teams around the world.
April 18, 2014 -- Updated 1230 GMT (2030 HKT)
It's like finding a needle in a universe-wide haystack. Researchers have located a planet roughly the size of Earth that could be habitable.
April 18, 2014 -- Updated 0940 GMT (1740 HKT)
Dubai, long champion of all things biggest, longest and most expensive, will soon have some competition from a neighboring country.
ADVERTISEMENT