A toast for Justice

London, Friday evening the 19^th of July, two days of intense closed-door negotiations with the British Ministry of Defence (MoD) are over. “We were so anxious to get out and tell the world that we had succeeded”, James Legei, Manager of Osiligi, recalls. And the door was barely opened before CNN was all over them. It was time to tell the world that the British Ministry of Defence had agreed to pay 540 million Kshs in compensation to the victims of reckless military training in Kenya. Thanks to Osiligi and the British Lawyers acting on their behalf, the 228 maimed, disabled and killed Maasai and Samburu had won at last. It was time for champagne and a toast for justice.

Since other armies i.e. the Kenyan and the American has been training in Dol Dol and Archers Post too, the British Ministry of Defence, MoD agreed to pay 60 percent of the compensation that the victims would be entitled to in Britain. “I am absolutely delighted with the outcome of the mediation.” Said Martyn Day, “my clients … can now start to live half way decent lives.” All complainants will be compensated, and the 540 million Kshs will all go to individual victims. The most injured victims will receive between 17-21 million Kshs and the least injured not less than 500,000. Of the 228 victims, 111 come from Dol Dol and 117 are from Archers Post. Due to the more severe injuries sustained in Archers Post, they will receive a larger sum.

“As an organisation we feel that we have succeeded in a number of ways. We have told the world that even the indigenous people, even the poor people have a right to their life, to their land”, Legei says upon his return to Kenya, “we have brought hope of a better life to the people who have suffered from their injuries for a long time.” Osiligi has decided to make an official announcement to the victims only when the British lawyers arrive in Kenya by the 20^th of August. But “people knew even before we came back”, Legei notes, “they had heard it over the radio and the indigenous communities have their own ways of spreading the information very fast”. “There is a lot of happiness, and victims have come to the office expressing their gratitude and joy for the respect they got, that their rights were appreciated.”

“As Pastoralists, I know that FIRST they’ll buy livestock, then a piece of land, then they’ll build a house and support their children’s education, and then maybe – with what’s left – they’ll invest in something.” In that order of priority, Legei believes that the victims will spend their money. There will be no middlemen administering the money on behalf of the victims. However, the British lawyers have promised to assist people in opening bank account and advising victims on viable investments in Britain. Osiligi’s role will be one of running workshops on how best to utilise the money. “These are poor people, we have to prepare them psychologically”, Legei reckons. In death cases, conflicts may easily arise. Many would want to be the rightful next of kin. The British lawyers will therefore consult Kenyan lawyers, who’ll determine that question according to Kenyan common law and Maasai customary law. For children, the money will be entrusted in the British court until they have reached 18 years of age. Expenses to education and a comfortable life until then will be reimbursed, however.

According to James Legei, the success of this case is attributable to Osiligi’s strategy and support from partners. Osiligi first educated the community on their basic rights and mobilised victims themselves in the lobby and advocacy work. This made the community open up, provide information, and evidence. Also the strategy of filing the case in Britain and not in Kenya is vital, Legei believes. “If we had filed it in Kenya, our chances of winning would have been zero or it would drag on forever”. The advice and financial support from local and international partners has also been essential. It was ActionAid who identified the lawyers in Britain, and MS among others supported the all-stakeholder workshop in Nanyuki a few years back, which for the first time caught the attention of the world. “This support has made us feel much stronger, because we were not fighting this alone”

Osiligi is still in dialogue with MoD and the deal is open until the 31^st of October. Osiligi wants to ensure that a clearing of the ranges where bombs are still lying around is included in the final agreement. From then on, Osiligi needs to clear its head and decide on the next step. “We are still contemplating whether to go for the Kenyan Army”, Legei says, “The question is whose liability is the remaining 40 percent.”

Winning this case meant a lot. It meant more than money. “Since the beginning this case raised a lot of expectation. Victims started appearing in public and their disabilities were exposed. They were humiliated, worried of how the community would look upon them, because in the Maasai community disabilities are hidden. Now they don’t feel lesser than the rest. They are part and parcel of the community now. Their hope for life has been reinvigorated. Had we lost this case, it would have damaged them even further than they already were.”

Two victims and two senior officials of Osiligi, Mr. Olekingau and Mr. Kilesi accompanied James Legei in London.