From: <edosomwanlaw@gmail.com>
Date: Sat, Oct 6, 2012 at 12:37 PM
Subject: Edo_Global. Re: [edo-nationality] Re: Edo-ciao BREAKING NEWS: A Victory For The Mau Mau At The Strnd In London
To: edo-nationality@yahoogroups.com, Edo Ciao <edo-ciao@yahoogroups.com>
Cc: Mwananchi <Mwananchi@yahoogroups.com>, Next_Kenyans <next_kenya@yahoogroups.com>, Cameroon Network <camnetwork@yahoogroups.com>, Edo Global <Edo_Global@yahoogroups.com>, Defsec <defsec@yahoogroups.com>, Nowamagbe Austin Omoigui <nowa_o@yahoo.com>, Segun Toyin Dawodu <stdawodu@gmail.com>, Joan Osa Oviawe <joanoviawe@gmail.com>
Segun/Nowa/Lady Joan:
Good to read from you all.
SegunTD, Public Policy is an unruly horse that breeds a foreboding of uncertainty in the law. It often leads to cases laden with justice issues being decided with justice itself left choking and lying prostrate in the dust. English judges as indeed our own Supreme Court have again and again disparaged it and urged caution in its consideration even though it sometimes does form part of judicial considerations while deciding cases. It is therefore dispensible except in cases where to eschew it would promote manifest illegality. That's not the case here. What the High Court judge has so far done is to hold that the three victims/Claimants in this case be allowed to prosecute their claims on the narrow principle that cases of torture, inhuman undignified treatment and human rights abuses are of a special nature and import to British jurisprudence that should not be subjected to the mundane inhibitions of limitation statutes as is usual in ordinary tort cases. Proof of the claims by credible evidence may be a different kettle of fish, though.
I won't bet on either side except to say that this is a matter that twicks the British national conscience as indeed it should for the bestiality of its colonial acts. For me, there's no wagering what the courts in the British appeal system would do. However, imagine neutering a human being with crude implements as if he were a gelding, and for what? Because like that restive brother of Njoroge (Ngotho's son) in that Wa Thion'go's classic - Weep Not Child, he dared to fight for the recovery of his father's stolen lands from the thieving British!
Lady Joan, that argument about foistering upon an innocent generation the delicts of a past sinful generation; I'm glad the court dispensed with it by affirming the time old principle that Govt is a continuum in perpetual succession. Moreover there's no manifest injustice in the present generation of Britons answering for the liabilities of their forbears - the colonists when indeed they are the inheritors of the beneficial proceeds of British past imperialist acts.
I guess we'll just watch this one and see how it pans out, but I recall watching a representative of the Mau Mau on Al Jazeera stating that it isn't just about the money. To that extent, I believe there may be compassionate heads in the British establishment who may recognize the prospect of an amicable resolution of this case in such ways as to obviate the anticipated floodgate of suits. My guess is that this preliminary ruling of the High Court may have provided the needed impetus for a reach-out and a sit-down between both sides.
Cheers,
CUE
People,
News just breaking on Al Jazeera points to the fact that some three surviving Mau Mau Freedom fighters have won a groundbreaking court victory against the British Govt on their rights to bring actions against Britain for dehumanization and human rights abuses like castrations, tortures, killings, forced detentions and the repertoire of British imperial wickedness to Africans in her colonies.
The British Govt has immediately indicated that she intends to appeal the decision on the mundane ground that the action was statute barred. The honourable judge based his decision on a more humane universal principle that with regard to human rights abuses, the redemptive actions would be sustainable as far as the victims are alive.
The question is:
Has the British Govt a moral right to appeal this decision? Wouldn't it be gracious for her to openly apologize for her crimes all over Africa?
CUE
Sent from my BlackBerry wireless device from MTN
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