The government will have to part with over Sh500 million after the High Court yesterday compensated the families of the victims of 2015 Garissa University college terror attack.
Sh441 million will be paid to families of 148 deceased people who include six police officers.
Each family will receive Sh3 million while the remaining amount of Sh56.9 million will be paid to 14 survivors of the incident, who endured physical and psychological injuries as a result of the terror attack.
A three-judge bench comprising Justices Thande Mugure, Anthony Ndung’u and Daniel Kemei awarded the victims’ families the millions of shillings after finding that the state failed to avert the 2015 attack and mitigate loss of life and injuries.
The three judges also found that the government could not explain why Recce personnel were not deployed in time to save life and counter Al Shabaab militants.
“The State ignored several intelligences on impending terrorist attacks, targeting learning institutions within Garissa town,” the court held.
In their decision, the judges were astonished by the evidence tendered in court that the plane that was meant to fly the special unit to the scene of the attack had been used by a senior police officer to fly his daughter-in-law to Mombasa.
“The state had the responsibility of protecting them during the attack and as a result of its failure, students lost their lives and their constitutional rights were violated,” the Judges ruled.
The court also found that the state contravened the law in the deployment of officers to Garissa University.
In the case filed by over 14 former Garissa University students who survived the terror attack and Kituo Cha Sheria, through senior counsel John Khaminwa, the court granted each of the victims varying amounts based on the nature of injuries suffered.
Underwent rehabilitation
The judges awarded the victims of the attack, namely Ben Mwiti Sh4 million, James Muli Sh3 million, Duncan Obwamu Sh1.5 million, Anderson Owalla Sh5 million and Alfred Kithu Sh2.5 million.
Risper Nyakari was awarded Sh3 million, Mercy Chepkorir Sh1.2 million, Narius Kipngeno Sh1.2 million, Stanley Muli Sh4 million, Kasyoka Mwambeko Sh5 million, Evaline Chepkemoi Sh6 million, Ronald Moranga Sh7 million and Annastaciah Mikwa Sh3.5 million.
The court also awarded Rose Gikonyo a first-year student at the university at the time of the attack pursuing a Bachelor’s Degree in Education (Science) Sh10 million.
Gikonyo is said to have been rescued by Kenya Red Cross and AMREF at around 12pm, over six hours since she was first shot.
The judges said that the evidence on record shows that she was admitted for about three months and later underwent rehabilitation for about six months.
On April 2, 2015, gunmen stormed the college in Garissa, killing 148 people and injuring 79 others.
