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2002: Partner NEWS Vol. 5 no. 2

They Won

Ministry Of Defence Agrees To Pay Maasai Bomb Victims £4.5m

Press Release from Leigh, Day and Co., 19th of July 2002.

A deal was struck today between the Ministry of Defence and the lawyers representing some 228 Maasai Bomb victims for them to pay £4.5m plus costs for the injuries, and deaths, arising from the British Army's use of the practice ranges at Archers Post and Dol Dol in central Kenya. In paying the money, the Ministry of Defence accepted limited liability for the injuries and deaths occurring.

Individual claimants will receive sums commensurate with the level of their injuries with the most seriously injured likely to receive around £250,000.

Over the last 50 years hundreds of Maasai and Samburu children have been killed or seriously injured as a result of their finding unexploded bombs in the areas where they live and herd their goats. The two significant users of the range have been the British and Kenyan armies.

The issue only reached the public eye two years ago and in March 2001 Leigh, Day and Co. was invited by the local community group in Dol Dol, Osiligi, to travel to Kenya to represent the interests of the injured children and their families. Claims were subsequently commenced in July of last year, in London. In November, the Claimants successfully fought off the Ministry of Defence's application to have the claim transferred to Nairobi, on the basis it would mean the claim would never be heard.

In March 2002 the Ministry of Defence asked for the Claimants' agreement to the case being mediated, and that mediation has taken place yesterday and today.

Martyn Day said today:

'I am absolutely delighted with the outcome of the mediation. We represent people who have been blinded, have lost limbs and have suffered the most appalling internal injuries by these bombs. They have had the most miserable of existences since their accidents. The fact that the Ministry of Defence has so speedily held its hands up and agreed to pay proper levels of damages to my clients will ensure that they can now start to live half way decent lives.'

Beatrice Lelekong, one of the two victims present at the mediation said today:

'It is a great relief that the case has been resolved. I have had to live with my injuries for the last 20 years, which have totally devastated my life. I am hoping to now be able to afford to have surgery in South Africa on my hands and feet.' Beatrice lost most of her hands and feet in an accident in 1981- she is 25 years old.

Martyn Day will be travelling over to Kenya next month to gain the approval of the 228 Kenyans to the deal.

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