Endless queues for British compensation lawsuit in Bomet and Kericho.

[RV Pundit]

Your rambling on and on...and you're neither here nor there. What makes you think the case is an end to itself. Or that folks have abandoned their normal activities for this case. The folks think after Mau Mau they have a shot at this and they've hired (and the county has hired lawyers).

Is it a worthy a shot? Definitely. Are there victims of the land grab. Definitely.

The rest of what you write is doesn't make sense. It like moonki caring about billable hours. You can get them pro bono lawyers  greatly if it bothers you but the lawyers have to get paid for their services too.

This entire charade almost smacks of a fishing expedition, in my opinion; it's about a quick payday riding on the back of colonial guilt.

As MOON Ki succinctly notes, this quest to sue The Man might inadvertently open liability questions vis-a-vis the Kenyan government and these folks in Kericho. Secondly, it might result in other folks looking anew at other historical land issues, including the historical cases involving the 'willing buyer, willing seller' fellow currently ensconced in the State House Nairobi. Additionally, the case could end up setting precedent for financial reparations for victims of the post-colonial Kenyan state for, say, "pain and suffering". In my estimate, therefore, I see a silver ling in all this: the biggest land usurpers in Kenya, the Kenyattas, the Mois, the Mathenges, Kibaki, Mahihus, etc, might finally see their log awaited day in court. Is the A-G of Kenya ready for that?

It could then be argued that the Net Present Value was already factored in terms of what the British bequeathed to these folks in Kericho, anyway.

Then lastly, this is a distraction from the real job of educating the ignorant fellows or making the real and necessary sacrifices to craft a better future and economy that can support themselves and 'their' communities. I would suggest that instead of advocating for The Man to cut each and every Tom, Dick and Harry, a fat check that he can then flaunt at the nearest Motel/Hotel/Holiday Inn. How about the Kerichoans, ask for, say, four well constructed and equipped secondary schools, one state of the art tech institute, or something along those noble lines -- assuming that they have a case in the first place, which I highly doubt.

Enough of all these nebulous wrongs of the past solely targeting the so-called beberu.

[MOON Ki]

And we should just believe you because you read and you cannot even bother to list why.

Pundit: I can't tell whether you are like the people signing up for this or like the lawyer signing them up.   But one thing I always admire is your "determination", regardless of the facts.   Once you've picked a position, that's it. 

I have already pointed out to you the little matter of GoK taking over certain liabilities.

Here is a link from Leighday who ran the billable hours that your hate
http://www.leighday.co.uk/News/2011/July-2011/Historic-judgment-as-UK-Government-loses-court-bat



In short there is not stature of limitation for certain actions such as mass forceful displacement and land grab.

Please  read slowly and pay careful attention:

* First, no matter of limitations arises from what  you quote; and straight reading, with a basic command of plain English ought to suffice to see that.   Your "in short!" leap goes a long way in explaining how people are getting suckered in this one; I imagine they are getting all sorts of "in short!"s all over the place.

That aside, had you read the actual judgment you would have known that the particular "technicality" that the judge was referring to was "the notional divisibility of the Crown".   
   
* Second, the paragraph you quote neither says nor implies anything about "mass forceful displacement and land grab".   That is you own fanciful and misplaced extrapolation.   Again the sort of think that, I imagine,  has the suckers lining up.   

* Third, what kills the matter is not any issue of limitations: what the RVs need to do is explain how they propose to get around little matter of "liabilities" that were transferred in relation to their grabbed land.    Any ideas from you?

Now, this is purely for your education, because your case is dead long before it gets there: Contrary to what you believe, as you  make TV-speak assertions, there are in fact limitations to this sort of thing; you will find them in the Limitations Act.   A judge can exercise discretion to put aside such limitations, which is what happened in the Mau Mau case.   What you should do, if you can, is read the actual judgment on just that aspect of the matter  and understand why such discretion would not apply in the land case.  Go here: https://www.judiciary.gov.uk/judgments/mutua-others-fco-judgment-051022012/

[RV Pundit]

We can waste all day long discussing the merits and demerits of this case..that has yet to even begin..like we did with ICC. But my point will remain stubborn. These guys [and anyone else who was wronged by the British] should take heed of Mau Mau case and file theirs two. This may not be a clean shot. But it a shot worth taking. Especially when thousands of folks are pulling resources. Clearly the QC are not that expensive.

The British chose to settle out of court....rather than APPEAL what you describe in your misguided mind as "DOA".

It was so DOA..the Brits paid 20M pounds.

Maybe they should hire you as their AG so you can really save them money while working pro bono.

So back to where we were...more than 45,000 folks (now maybe 100,000) are filling a case against the British GOV for atrocities committed during colonial period...that sounds to me like an upcoming "crimes against humanity" ...that British do not want associate with them.

And we should just believe you because you read and you cannot even bother to list why.

Pundit: I can't tell whether you are like the people signing up for this or like the lawyer signing them up.   But one thing I always admire is your "determination", regardless of the facts.   Once you've picked a position, that's it. 

I have already pointed out to you the little matter of GoK taking over certain liabilities.

Here is a link from Leighday who ran the billable hours that your hate
http://www.leighday.co.uk/News/2011/July-2011/Historic-judgment-as-UK-Government-loses-court-bat



In short there is not stature of limitation for certain actions such as mass forceful displacement and land grab.

Please  read slowly and pay careful attention:

* First, no matter of limitations arises from what  you quote; and straight reading, with a basic command of plain English ought to suffice to see that.   Your "in short!" leap goes a long way in explaining how people are getting suckered in this one; I imagine they are getting all sorts of "in short!"s all over the place.

That aside, had you read the actual judgment you would have known that the particular "technicality" that the judge was referring to was "the notional divisibility of the Crown".   
   
* Second, the paragraph you quote neither says nor implies anything about "mass forceful displacement and land grab".   That is you own fanciful and misplaced extrapolation.   Again the sort of think that, I imagine,  has the suckers lining up.   

* Third, what kills the matter is not any issue of limitations: what the RVs need to do is explain how they propose to get around little matter of "liabilities" that were transferred in relation to their grabbed land.    Any ideas from you?

Now, this is purely for your education, because your case is dead long before it gets there: Contrary to what you believe, as you  make TV-speak assertions, there are in fact limitations to this sort of thing; you will find them in the Limitations Act.   A judge can exercise discretion to put aside such limitations, which is what happened in the Mau Mau case.   What you should do, if you can, is read the actual judgment on just that aspect of the matter  and understand why such discretion would not apply in the land case.  Go here: https://www.judiciary.gov.uk/judgments/mutua-others-fco-judgment-051022012/

[MOON Ki]

The British chose to settle out of court....rather than APPEAL what you describe in your misguided mind as "DOA".

It was so DOA..the Brits paid 20M pounds.

Maybe they should hire you as their AG so you can really save them money while working pro bono.

You have become so excited that your failure to distinguish between the Mau Mau case and the Kericho-Bomet fishing expedition, and comments on those, is  now way, way over the top.   Here,  scroll up to the top of the page and read slowly:

This land case is, as has correctly been pointed, a fishing expedition---and one that is going nowhere any time soon.   But lawyers too have to eat, and that means running up "billable hours".   Dead on arrival.  I can't even begin to list the number of ways in which it is dead, so I shall save that for another day.

 

According to you:

that sounds to me like an upcoming "crimes against humanity" ...

I take it that you are referring to the sorts of matters raised in the "historic" debate that led to all this:

http://mobile.nation.co.ke/counties/Case-against-Britain-on-land-gets-the-nod/-/1950480/2426610/-/format/xhtml/-/2ha2ls/-/index.html

Sounds very serious.   When do we call in Bensouda?

[Reticent Solipsist]

Your rambling on and on...and you're neither here nor there. What makes you think the case is an end to itself. Or that folks have abandoned their normal activities for this case. The folks think after Mau Mau they have a shot at this and they've hired (and the county has hired lawyers).

Is it a worthy a shot? Definitely. Are there victims of the land grab. Definitely.

The rest of what you write is doesn't make sense. It like moonki caring about billable hours. You can get them pro bono lawyers  greatly if it bothers you but the lawyers have to get paid for their services too.

This entire charade almost smacks of a fishing expedition, in my opinion; it's about a quick payday riding on the back of colonial guilt.

As MOON Ki succinctly notes, this quest to sue The Man might inadvertently open liability questions vis-a-vis the Kenyan government and these folks in Kericho. Secondly, it might result in other folks looking anew at other historical land issues, including the historical cases involving the 'willing buyer, willing seller' fellow currently ensconced in the State House Nairobi. Additionally, the case could end up setting precedent for financial reparations for victims of the post-colonial Kenyan state for, say, "pain and suffering". In my estimate, therefore, I see a silver ling in all this: the biggest land usurpers in Kenya, the Kenyattas, the Mois, the Mathenges, Kibaki, Mahihus, etc, might finally see their log awaited day in court. Is the A-G of Kenya ready for that?

It could then be argued that the Net Present Value was already factored in terms of what the British bequeathed to these folks in Kericho, anyway.

Then lastly, this is a distraction from the real job of educating the ignorant fellows or making the real and necessary sacrifices to craft a better future and economy that can support themselves and 'their' communities. I would suggest that instead of advocating for The Man to cut each and every Tom, Dick and Harry, a fat check that he can then flaunt at the nearest Motel/Hotel/Holiday Inn. How about the Kerichoans, ask for, say, four well constructed and equipped secondary schools, one state of the art tech institute, or something along those noble lines -- assuming that they have a case in the first place, which I highly doubt.

Enough of all these nebulous wrongs of the past solely targeting the so-called beberu.

I am not a psychic and so wouldn't know what the end is.

I simply responded to your banal and poorly articulated premise.

[Reticent Solipsist]

Your rambling on and on...and you're neither here nor there. What makes you think the case is an end to itself. Or that folks have abandoned their normal activities for this case. The folks think after Mau Mau they have a shot at this and they've hired (and the county has hired lawyers).

Is it a worthy a shot? Definitely. Are there victims of the land grab. Definitely.

The rest of what you write is doesn't make sense. It like moonki caring about billable hours. You can get them pro bono lawyers  greatly if it bothers you but the lawyers have to get paid for their services too.

My 'rambling on and on' was merely a retort to what you put forth: a banal and poorly articulated premise. And what exactly is the end here? Altruism? And do refrain from the usual and predictable "it's the principle that matters...." malarkey. Because whenever people say it's not about the money....then...it really is about the money.

And to reiterate what I previously stated: this is a fishing expedition devoid of principle other than a group of dice players hoping for quick payday riding on the back of colonial guilt.