Judgment in first test case in Kenya Emergency Group Litigation

Posted: 02/08/2018

Stewart J today handed down judgment in the first of 25 test cases to be heard to conclusion in the Kenya Emergency Group Litigation, a claim by over 40,000 ‘Mau Mau’ members and their families against the UK government (FCO) alleging abuse during the Kenyan Emergency in the 1950s. The claim was dismissed upon the judge declining to exercise his discretion in the Claimant’s favour under section 33 Limitation Act 1980. The lengthy judgment includes important guidance for claims where a defendant is asserting prejudice in relation to section 33, particularly where documentation of background or circumstantial significance remains available. Clare Brown and Niazi Fetto appeared on behalf of the FCO, instructed as members of their counsel team.

For a copy of the full judgment please contact the clerks on 020 7822 1200 or


Niazi Fetto KC

Call: 1999 Silk: 2023

Clare Brown

Call: 1993


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