Law and Rights
The U.K. was a major colonial power. Since the 1960s, many of the former colonies have achieved their independence but from time to time the colonial past comes back to haunt. The solicitors Leigh and Day have brought to public attention a claim by some elderly Kenyans in respect of appalling treatment they allege that they received at the hands of the Kenyan authorities when Britain was the colonial power. See this link. It seems that the British government is arguing that it is now nothing to do with them because of the international law doctrine of State Succession.
Of course, it is not unusual for a new (successor) State to assume authority over the territory of an old (predecessor) State. The transformation of a colony into an independent nation is one way in which this occurs and Kenya became independent in 1963. The International Law Commission has been considering the many aspects and problems of State Succession for many years.
It could be an interesting one this! I wonder if somehow it might eventually all get settled out of court?
See also Afua Hirsch writing in The Guardian 25th January 2010
Addendum 6th April 2011: "Kenyans sue for UK Colonial human rights abuses" - The Guardian. Also, "Mau Mau victims to give evidence at High Court" - Solicitor's Journal 5th April 2011.
Addendum 5th June 2013: The Guardian 5th June - reports settlement of the dispute but only after lengthy court proceedings
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Law and Rights
Not Guilty Guv'nor: Britain and a Ghost from the Colonial Past
The U.K. was a major colonial power. Since the 1960s, many of the former colonies have achieved their independence but from time to time the colonial past comes back to haunt. The solicitors Leigh and Day have brought to public attention a claim by some elderly Kenyans in respect of appalling treatment they allege that they received at the hands of the Kenyan authorities when Britain was the colonial power. See this link. It seems that the British government is arguing that it is now nothing to do with them because of the international law doctrine of State Succession.
Of course, it is not unusual for a new (successor) State to assume authority over the territory of an old (predecessor) State. The transformation of a colony into an independent nation is one way in which this occurs and Kenya became independent in 1963. The International Law Commission has been considering the many aspects and problems of State Succession for many years.
It could be an interesting one this! I wonder if somehow it might eventually all get settled out of court?
See also Afua Hirsch writing in The Guardian 25th January 2010
Addendum 6th April 2011: "Kenyans sue for UK Colonial human rights abuses" - The Guardian. Also, "Mau Mau victims to give evidence at High Court" - Solicitor's Journal 5th April 2011.
Addendum 5th June 2013: The Guardian 5th June - reports settlement of the dispute but only after lengthy court proceedings
- "let Them Hate As Long As They Fear"
Garrow's Law (Sunday 27th November) depicted the (first) trial of Thomas Picton - "Love or honour? It cannot be both". Picton was born in Pembrokeshire in 1758, became a soldier and fought with distinction under the command of Arthur...
- A Monday Morning Roundup ....
Most of the country enjoyed a lovely Spring weekend: sunny and warm. Of course, in party pooping fashion, the usual threat of drought was mentioned and hosepipe bans etc. The F.A. Cup Semi-Final is looming and will, on one report, costs...
- Commission On A U.k. Bill Of Rights
The Ministry of Justice has announced the membership of the Commission charged with examining how human rights apply to the United Kingdom. Under the Chairmanship of former Civil Servant Sir Leigh Lewis there will be eight members, six of which...
- Why Should The Police Be Accountable --- Even To The Law?
Why should the Police be accountable, even to the law? Here is a suggestion from the Commissioner of the Metropolitan Police that the rules should change so that is made much harder to take legal action against the Police. Given the...
- Illegal Drugs: Mephedrone: Misuse Of Drugs Act 1971
Mephedrone (and certain other drugs) will become illegal. I think, rightly so. See NHS; Home Office. The Misuse of Drugs Act 1971 s.2 permits changes to the drugs/substances proscribed to be made by Orders in Council. For example,...