The High Court has dismissed an application by the Mau Mau Governing Council of Kenya to be enjoined in a suit challenging disbursement of over Sh2billion to 5,228 former freedom fighters.
The Mau Mau Governing Council of Kenya (MMGCK) sought inclusion in a suit filed by the Law Society of Kenya (LSK) seeking orders for a British firm to disclose names of the beneficiaries.
Justice D.A Onyancha ordered that the Mau Mau Governing Council of Kenya (MMGCK) has no legal capacity to sue or be sued. “The MMGCK is a mere society registered under the Societies Act and the court cannot help parties that heavily slept on their rights until it’s too late,” Justice Onyancha said.
The Society said in its application that it represents the Mau Mau War Veterans whose interest is to be compensated by the British Government.
Justice Onyancha said that the MMGCK could not be enjoined in a suit that has already been finalized in a London Court.
The British Government agreed to pay a Sh2.547 billion settlement to the ex-freedom fighters last year following a case filed by a British firm and Kenya Human Rights Commission in a London Court. The British further agreed to construct a memorial in Nairobi for the victims of torture and ill-treatment during the colonial era.
LSK moved to the High Court – in public interest – through lawyer Harrison Kinyanjui to seek orders for the United Kingdom Barrister Martyn Day and Leigh Day to disclose names of the 5,228 beneficiaries before the money is disbursed. LSK also enjoined as defendants Gitu wa Kahengeri who purported to be an official of the Mau Mau War Veterans Association (MMWVA).
According to the plaint filed by lawyer Kinyanjui, LSK also seeks orders for the instrument instructing the defendants to act for the former freedom fighters.
LSK is also seeks for a permanent and mandatory injunction for the defendants to render a true account of funds paid by the British Government to the ex-freedom fighters.
Lawyer Kinyanjui said in the plaint that KHRC and Kahengeri solicited and compiled over 50,000 names of pre-colonial human rights violations.
The defendants have subsequently communicated to the public that each of the 5,228 claimants would be paid Sh340,000.
Out of the settlement, the defendants have sought to pay themselves legal and other fees amounting to Sh769.68 million which is over 40 per cent of the settlement sum.
LSK said that the Sh2.547 billion settlement is a meager amount compared to awards made in Britain of over Sh30 million and Sh10 million in Kenya for victims of torture.
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