Ndiku Mutua, et al. v the Foreign and Commonwealth Office
Gulecha,Anmol
Gulecha,Anmol
Abstract
In 2009 five Kenyans filed a tort action seeking damages against the Foreign and Commonwealth Office (the FCO), a department of the United Kingdom (the UK), for abuse suffered in Kenyan detention camps during the colonial period. While the FCO denied liability, the claimants produced historical evidence from three academic historians to dispute the FCO’s stand. With both sides unable to agree on the FCO’s liability, the Court, as a non-expert in historical research, was called to pass judgment. In light of this contested liability, this case note shows that when historians, who are ‘experts’ in their field, present evidence to the Court, the latter is better equipped to understand the liability of the FCO, and by extension the UK Government, for colonial-era crimes.
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Date
2023-11-20
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Research Projects
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Citation
Gulecha, A 2023, 'Ndiku Mutua, et al. v the Foreign and Commonwealth Office', Jindal Global Law Review, vol. 14, no. 2, pp. 297 - 304. https://doi.org/10.1007/s41020-023-00202-2
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info:eu-repo/semantics/openAccess