UK in secret talks to pay Mau Mau

The British government is offering the surviving thousands of Kenyans detained during the Mau Mau uprising cash in secret talks for a settlement of their case.

It is understood the British have also offered to make a public apology and to put up a Sh1.2 billion monument in memory of those who died.

Although victims would be compensated better if they proceeded with a case in court, it is understood the British are banking on the fact the matter could take long if the victims chose this route.

Because most of the Mau Mau veterans are very old and could die before they are paid, they are understood to be willing to take the cash.

The Foreign Office and the firm representing the three Kenyans who took the matter to the High Court in London would not comment.

Mr Dan Leader, a partner with Leigh Day, told the Guardian which revealed the secret talks Monday that both parties “are currently exploring the possibility of settling the claims brought by our clients. Clearly, given the ongoing negotiations, we can’t comment further.”

The firm’s lawyers are in Kenya to present the offer to their clients.

The Foreign Office said it would be “inappropriate” to discuss the talks. In a statement, however, it added: “We believe there should be a debate about the past. It is an enduring feature of our democracy that we are willing to learn from our history.

“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. It is right that those who feel they have a case are free to take it to the courts.

“Our relationship with Kenya and its people has moved on and is characterised by close cooperation and partnership, building on the many positives from our shared history,” it said.

The Guardian said that up to 10,000 former prisoners may be in line for compensation if there is a settlement.

UK lawyers initially argued that the claim should not be heard, saying under the principle of state succession, the Mau Mau should be suing the Kenyan government. The lawyers also said too much time had elapsed for there to be a fair trial.

This was rejected by the court last October, with the judge saying a fair trial was possible. “The documentation is voluminous,” he said.

The FCO announced at the time that it would appeal against a judgment that had “potentially significant and far-reaching legal implications.”