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The British government is to pay out over US $7 million in compensation to Kenyan pastoralists who were killed and maimed by bombs and ammunition left by the British army on training grounds in Samburu, northern Kenya.
The British Ministry of Defence (MoD) has not accepted full liability for the 228 victims - on the grounds that other armies also use the same firing ranges in Archer's Post and Dol Dol - but has agreed to pay the compensation money plus costs in an out-of-court settlement, which followed two days of mediated talks in London.
Reacting to the award, James Legei of the Organisation for the Survival of Il-Laikipiak Indigenous Maasai Group Initiatives (OSIGLI) - the local non-governmental organisation which has pursued the case on the victims' behalf - said "It is not possible to pay for a person's life", but added that the compensation money was "better than nothing".
He told IRIN that the British army had given guarantees to the local people that training grounds would henceforth be cleaned up properly. "What we need now is to have a dialogue between the army and local communities, whereby they contact us every time they are training to tell us exactly where and when," he stressed.
He added that a further 10 cases were expected to come forward, and that any other victims' claims would be compensated if brought to the attention of authorities before the end of October 2002.
"Local people are being much more careful now," he said. "There used to be about four killings every year. We have noticed a reduction in injuries - three were killed last year, and our last accident was in 2001."
The 228 Kenyans - members of the Maasai and Samburu tribes - lodged claims for about US $5.6 million at the High Court in London in July 2001. They accused the MoD of failing to clear its training grounds in Samburu with the same care as other foreign grounds in Cyprus and Candada, the BBC reported.
The British army has conducted live-fire weapons training in Kenya since 1945, when London was still the colonial ruler. The Archer's Post and Dol Dol firing ranges, which the British army continues to use, are in areas where many Maasai and Samburu pastoralists live and graze their sheep and cattle. The plaintiffs claim there are four or five deaths per year in the Archer's Post area, where 20,000 Samburu pastoralists have their homes.
According to estimates by OSILIGI, about 200 people have been killed since the exercises began, and many more injured, by exploding mortar shells and other ammunition left behind after the departure of the soldiers. Many of the victims were children, attracted to the unexploded ammunition by its shiny exterior. Many of the Maasai and Samburu tribespeople are also illiterate, and therefore unable to read any warning signs.
Each victim will receive between about US $25,500 and US $242,000 in compensation, commensurate with the injuries suffered, Legei said.
This article was produced by IRIN News while it was part of the United Nations Office for the Coordination of Humanitarian Affairs. Please send queries on copyright or liability to the UN. For more information: https://shop.un.org/rights-permissions