The High Court of Kenya has ordered the government to pay over Ksh441 million to families of Garissa University students who were killed or injured during the April 2, 2015, terror attack.
The three-bench judges Justices Mugure Thande, Anthony Ndung’u and Daniel Kemei on Wednesday, July 31, ruled that the State failed to avert loss of life and injuries after the survivors sued the government for negligence.
Also, the court proved that the state had the responsibility to protect the students during the attack. As a result of its failure, students lost their lives, and their constitutional rights were violated.
The court further found that the state contravened the law by deploying officers to Garissa University without following proper legal procedures.
Consequently, state has also been ordered to pay Ksh56.9 million in compensation to the survivors of the terror attack, who endured physical and psychological effects as a result of the devastating event.
The families of the 148 students who lost their lives will receive Ksh3 million each.
For the 14 who were injured and filed the case in court together with Kituo Cha Sheria, the court granted each different amount of compensation based on the nature of the injury.
One of the survivors, Rose Gikonyo who was a first-year student at the Garissa University College at the time of the attack pursuing a bachelor’s degree in education (Science) was awarded Ksh10 million.
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The Kenya Red Cross and AMREF rescued her around 12:00 pm, over six hours after she was first shot.
The ruling comes after in 2019, students, families, and Kituo Cha Sheria sued the government, security agencies, and the University for failing to take action to prevent the attack, despite having useful intelligence.
The survivors alleged that the Recce Squad’s police airplane, which could have expedited the rescue, was delayed by a private engagement.
This delay they say contributed to the prolonged siege, resulting in loss of lives and serious injuries. According to court documents, the Recce Squad arrived at the scene 12 hours after the attack began, and the siege continued until about 6:20 pm.
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The also sought compensation for psychological pain and medical expenses incurred as a result of the attack.
“The delayed deployment of the Recce Squad of the General Service Unit is attributed to abuse of state resources,” read part of the court documents.
In their 2019 petition, the complaints also argue that the army was deployed unlawfully in the attack leading to uncoordinated and loss of many lives.
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