21 July 2011 Last updated at 15:34 GMT 
L-R: Ndiku Mutua, Jane Muthoni Mara and Wambugu Wa Nyingi claimed they were tortured
Mr Justice McCombe said the claimants had an "arguable case" and it would be "dishonourable" to block the claims.
Ministers say the UK government is not responsible for the actions of the colonial administration.
The decision means that the government will have to defend accusations of torture, murder, sexual assault and other alleged abuses at a full damages trial in 2012.
The action rests on previously unseen documents that were found in the Foreign Office's archives.
The 17,000 documents include details of atrocities in reports to Whitehall which were seen by ministers in the 1950s and 1960s.
Some of the documents implicate British colonial officials in atrocities and acts of abuse in detention camps set up to smash the pre-independence uprising.
Mr Justice McCombe said: "I have decided that the claimants have arguable cases, fit for trial.
"I emphasise that I have not found that there was systematic torture in the Kenyan camps nor that, if there was, the UK government is liable to detainees, such as the claimants, for what happened.
"I have simply decided that these five claimants have arguable cases in law and on the facts as presently known."
He said there was "ample evidence" from the small number of documents already disclosed to show there may have been "systematic torture of detainees during the Emergency" - and that those documents were supported by judgements made by the Kenyan courts at the time.
"Over 50 years ago our clients suffered the most terrible torture at the hands of the British Colonial regime," he said.
"Castration, abuse, severe beatings, were just some of what they had to endure as the British tried to prevent the advance of the Kenyan Independence movement.
"Our clients have been battling for years to obtain justice for what they endured. Our government has seemed hell-bent on preventing that happening.
"They want some sort of justice, an apology, some sort of money that would give them peace in their final years.
"They are not out to make themselves rich, they simply want a deal which allows them to get proper justice."
The Mau Mau War Veterans Association's secretary-general Gitu Wa Kahengeri told the BBC he welcomed the ruling.
He said it showed the British were "now becoming just people" and that veterans would now demand "reasonable" financial compensation from Britain.
"They tortured our people, raped our people, castrated our people. There is no evil they did not do to our people.
Mau Mau suspects were rounded up in camps "These atrocities are the cause of the case. We want them to pay for that," Mr Wa Kahengeri told the BBC's Focus on Africa programme.
Foreign Office minister Henry Bellingham said: "It is right that those who feel they have a case are free to take it to the courts. We understand the pain and grievance felt by those, on all sides, who were involved in the divisive and bloody events of the emergency period in Kenya.
"Despite today's judgment, the government will continue to defend fully these proceedings, given the length of time elapsed and the complex legal and constitutional questions the case raises. We have taken note of the judgment and are considering next steps."
Mr Justice McCombe said that the government now had until the autumn to prepare a defence - but it would also be able to argue that the cases should be halted because the claims are too old.
That means the case will not start until at least the new year, and the judge expressed concern about whether the court could get to the bottom of what happened given that so many witnesses have died.
George Morara, the legal officer in charge of the Mau Mau case at the Kenya Human Rights Commission, said he was delighted with the judge's decision.
But he said he hoped that the government does not "bring in the second hurdle and argue that this case is time barred."
Mau Mau Kenyans allowed to sue UK government
L-R: Ndiku Mutua, Jane Muthoni Mara and Wambugu Wa Nyingi claimed they were tortured Four elderly Kenyans have been told they can sue the Foreign Office for their alleged torture by British colonial authorities 50 years ago.
The High Court said the group could seek damages over their treatment during the 1950s and 60s. Mr Justice McCombe said the claimants had an "arguable case" and it would be "dishonourable" to block the claims.
Ministers say the UK government is not responsible for the actions of the colonial administration.
The decision means that the government will have to defend accusations of torture, murder, sexual assault and other alleged abuses at a full damages trial in 2012.
The action rests on previously unseen documents that were found in the Foreign Office's archives.
The 17,000 documents include details of atrocities in reports to Whitehall which were seen by ministers in the 1950s and 1960s.
Some of the documents implicate British colonial officials in atrocities and acts of abuse in detention camps set up to smash the pre-independence uprising.
Continue reading the main story
"This really is a landmark case. Firstly, for the Kenyans themselves, it is seen as a major statement of principle.
"For many years in Kenya there has been a great resentment about Britain's failure to acknowledge what happened. Many in Kenya will be very relieved to have had this judgement.
"It also has implications for Britain's imperial past. As a nation, we have been not very good at facing up to that history and I think this will help us do that and repair our reputation with our former colonies.
"As well as the claimants named in this case, there are others in Kenya who suffered a similar fate. My best guess is that there may be as many as 1,400."
Analysis
Professor David Anderson"This really is a landmark case. Firstly, for the Kenyans themselves, it is seen as a major statement of principle.
"For many years in Kenya there has been a great resentment about Britain's failure to acknowledge what happened. Many in Kenya will be very relieved to have had this judgement.
"It also has implications for Britain's imperial past. As a nation, we have been not very good at facing up to that history and I think this will help us do that and repair our reputation with our former colonies.
"As well as the claimants named in this case, there are others in Kenya who suffered a similar fate. My best guess is that there may be as many as 1,400."
The four Kenyans, Ndiku Mutwiwa Mutua, Paulo Muoka Nzili, Wambugu Wa Nyingi and Jane Muthoni Mara, all in their 70s and 80s, say the documents form a paper trail proving that ministers in London approved of systematic abuse in the special camps. A fifth claimant has died since the action began.
Earlier this year, the High Court heard that Mr Mutua and Mr Nzili had been castrated, Mr Nyingi was beaten unconscious in an incident in which 11 men were clubbed to death, and Mrs Mara had been subjected to appalling sexual abuse.Mr Justice McCombe said: "I have decided that the claimants have arguable cases, fit for trial.
"I emphasise that I have not found that there was systematic torture in the Kenyan camps nor that, if there was, the UK government is liable to detainees, such as the claimants, for what happened.
"I have simply decided that these five claimants have arguable cases in law and on the facts as presently known."
He said there was "ample evidence" from the small number of documents already disclosed to show there may have been "systematic torture of detainees during the Emergency" - and that those documents were supported by judgements made by the Kenyan courts at the time.
Continue reading the main story
Background
- The Mau Mau, a guerrilla group, began a violent campaign against white settlers in 1952
- The uprising was put down by the British colonial government by 1960
- The Kenya Human Rights Commission says 90,000 Kenyans were executed, tortured or maimed
- It says 160,000 people were detained in appalling conditions
- Kenya gained independence in 1963
Professor David Anderson of Oxford University, an academic adviser to the case who unearthed the historic documents, has so far found they include the names of almost 600 apparent victims of abuse. The High Court's ruling means that, in theory, all these people could sue, if they are alive today.
Martyn Day, solicitor for the Kenyans, said the ruling that London could be held responsible for actions in the colonies was a historic judgement - and his clients were a step closer."Over 50 years ago our clients suffered the most terrible torture at the hands of the British Colonial regime," he said.
"Castration, abuse, severe beatings, were just some of what they had to endure as the British tried to prevent the advance of the Kenyan Independence movement.
"Our clients have been battling for years to obtain justice for what they endured. Our government has seemed hell-bent on preventing that happening.
"They want some sort of justice, an apology, some sort of money that would give them peace in their final years.
"They are not out to make themselves rich, they simply want a deal which allows them to get proper justice."
The Mau Mau War Veterans Association's secretary-general Gitu Wa Kahengeri told the BBC he welcomed the ruling.
He said it showed the British were "now becoming just people" and that veterans would now demand "reasonable" financial compensation from Britain.
"They tortured our people, raped our people, castrated our people. There is no evil they did not do to our people.
Mau Mau suspects were rounded up in camps Foreign Office minister Henry Bellingham said: "It is right that those who feel they have a case are free to take it to the courts. We understand the pain and grievance felt by those, on all sides, who were involved in the divisive and bloody events of the emergency period in Kenya.
"Despite today's judgment, the government will continue to defend fully these proceedings, given the length of time elapsed and the complex legal and constitutional questions the case raises. We have taken note of the judgment and are considering next steps."
Mr Justice McCombe said that the government now had until the autumn to prepare a defence - but it would also be able to argue that the cases should be halted because the claims are too old.
That means the case will not start until at least the new year, and the judge expressed concern about whether the court could get to the bottom of what happened given that so many witnesses have died.
George Morara, the legal officer in charge of the Mau Mau case at the Kenya Human Rights Commission, said he was delighted with the judge's decision.
But he said he hoped that the government does not "bring in the second hurdle and argue that this case is time barred."
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