Four elderly Kenyans won court approval Thursday to sue the British government over the brutality they claim they suffered at the hands of the British army during the 1950s Mau Mau uprising.
The Foreign Office contends Britain is not legally liable for the alleged abuses, which include castration and torture, saying responsibility was transferred to the Kenyan government upon independence in 1963.
But at the High Court, judge Richard McCombe rejected their request to throw out the claims, saying: "I have not found that there was systematic torture nor, if there was, the UK government is liable.
"I have simply decided that these claimants have arguable cases in law."
The test case could open the door for claims from around 1,000 others still alive who survived the detention camps during the bloody Mau Mau rebellion against British colonial rule.
The test case claimants, Ndiku Mutwiwa Mutua, Paulo Muoka Nzili, Wambugu Wa Nyingi and Jane Muthoni Mara, who are in their 70s and 80s, flew into London for the beginning of the court proceedings in April.
The Foreign Office contends Britain is not legally liable for the alleged abuses, which include castration and torture, saying responsibility was transferred to the Kenyan government upon independence in 1963.
But at the High Court, judge Richard McCombe rejected their request to throw out the claims, saying: "I have not found that there was systematic torture nor, if there was, the UK government is liable.
"I have simply decided that these claimants have arguable cases in law."
The test case could open the door for claims from around 1,000 others still alive who survived the detention camps during the bloody Mau Mau rebellion against British colonial rule.
The test case claimants, Ndiku Mutwiwa Mutua, Paulo Muoka Nzili, Wambugu Wa Nyingi and Jane Muthoni Mara, who are in their 70s and 80s, flew into London for the beginning of the court proceedings in April.
