The Mau Mau uprising, which took place in central Kenya between 1952 and 1961, was a rebellion against British colonial rule. This case concerns claims by four Kenyans for serious personal injuries and torture allegedly suffered whilst in detention in Kenya during the uprising.
In a previous hearing (Mutua v Foreign & Commonwealth Office  EWHC 1913 (QB)), the Foreign and Commonwealth Office made an application to strike out the claims on the basis that the Kenyan Government was legally solely responsible for any abuses. In his judgment of 21 July 2011, Mr Justice McCombe found that part of the formulation of the claim should be struck out but that the Claimants did have arguable claims against the British Government.
This latest hearing will establish whether the court should exercise its discretion under s.33 of the Limitation Act 1980 to disapply the 3 year limitation period for personal injury claims under s.11 of the Limitation Act 1980 and therefore allow the claims to proceed to a full trial.
Guy Mansfield QC is appearing on behalf of the Foreign and Commonwealth Office, instructed by the Treasury Solicitor.
Elizabeth-Anne Gumbel QC is appearing for the intervener, Redress, a human rights organization which assists victims of torture to seek reparation and compensation.
Henry Witcomb is one of a number of counsel acting on behalf of the claimants, instructed by Leigh Day & Co. He was assisted by Maria Roche.