Compensation and restorative justice measures lead to settlement of two human rights claims in Kenya and Malawi


Richard Hermer QC and Ben Silverstone were part of the Claimant team in two claims arising in Kenya and Malawi which have both settled at mediation on the basis of the payment of compensation and a range of innovative restorative justice measures.

In the Kenyan case, Richard and Ben represented 85 members of a community living near an avocado farm who claimed they had been subjected to severe beatings by security personnel. The settlement included compensation and the introduction of measures such as new community roads, community infrastructure, land distribution and the introduction of a Human Rights Defender policy.

In Malawi, Richard and Ben represented 36 women alleging serious sexual violence whilst working on a tea plantation. The settlement included compensation and a range of protections for human rights of women including a Women’s Empowerment Initiative, Female Leadership Training Programmes and funding of civic education programmes designed to promote gender equality.

Richard and Ben were instructed by Dan Leader of Leigh Day in the Kenyan case and Sapna Malik of Leigh Day in the Malawian claims.

Useful link(s)

Statement from Leigh Day

Sunday Times report