Government ordered to pay 3M to Garissa University attack Victims
By Antynet Ford
Families of the 148 deceased victims of the 2015 Garissa University College attack will receive Sh3 million each as compensation to each of the families of the citing government’s inaction on intelligence report provided of the impending attack before disaster struck.
This is after a three-judge bench made a ruling yesterday.
Delivering the judgment at Milimani High Court, Justices Antony Ndung’u, Mugure Thande, and Daniel Kemei also ruled that the 14 petitioners who sustained various injuries be awarded between Sh1.2million and Sh10million each, depending on the extent of their injuries.
The government’s failure to give a plausible counter to an allegation by Garissa University terror attack victims in 2015 is among the reasons the court awarded them at least Sh500 million.
The allegation was that a senior police officer flew his daughter-in-law to Mombasa in a plane that was required to fly special units for the rescue mission.
The victims told High Court Judges that on August 2, 2015, the General Service Unit- Recce Squad was to be flown to the university to deal with the attackers.
However, they got late courtesy of a senior police officer who had flown his daughter-in-law to Mombasa.
The victims argued that the situation could have been different if the officers were facilitated to respond quickly.
Despite the government claiming that the victims had no proof, it never provided its side of the story on what transpired, causing the officers to arrive late to the attack scene.
At the same time, the court found that although it was necessary to have Kenya Defence Forces (KDF) intervene, the government did not comply with the law on the deployment of the disciplined forces.
The Judges found that the government never filed a report before Parliament as required by the law.
The three-judge-bench was were of the view that there was a major blunder by the authorities for failing to act on intelligence that there was a looming attack.
They observed that warning letters to students were dismissed as ‘April Fool’s Day’ banter.
On the morning of April 2, 2015, gunmen stormed Garissa University College, resulting in a devastating attack that claimed the lives of 148 individuals, including students, soldiers, police officers, and university guards.
Additionally, 79 others were injured in the massacre. Among the deceased were 142 students, three members of the security forces, and three university guards.
In 2019, three men were found guilty of charges related to the attack.
Rashid Charles Mberesero, Mohamed Ali Abikar, and Hassan Edin Hassan were convicted of conspiracy to commit the attack and for being members of Somalia’s al-Shabab Islamist militant group.
A fourth man, Sahal Diriye Hussein, was acquitted of the charges. All four men are Kenyan nationals, except for Rashid Charles Mberesero, who is Tanzanian.
The ruling marks a significant moment in the pursuit of justice for the victims and their families, as the court acknowledges the profound impact of the attack and the state’s responsibility to compensate those affected.
The compensation awarded is expected to provide some relief and support to the families and survivors as they continue to cope with the aftermath of the tragedy.
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