High Court Orders Government to Compensate Garissa University Attack Survivors with Over Ksh470 Million

The Nairobi High Court has mandated the Kenyan government to pay over Ksh470 million in compensation to the families of Garissa University students affected by the 2015 terror attack. The landmark ruling, delivered on Wednesday, July 31, was issued by Justices Antony Ndung’u, Mugure Thande, and Daniel Kemei, who found the state negligent in safeguarding the students.

Key Details of the Ruling

1. Compensation Awards:
   • Families of Deceased: Ksh3 million each for the families of the 148 students who lost their lives in the April 2, 2015 attack.
   • Injured Survivors: 14 survivors received varying amounts based on injury severity, with one individual awarded Ksh10 million.
2. Basis of the Ruling:
   • Negligence: The court determined that the government had prior intelligence about the attack but failed to take necessary preventive actions or implement an effective rescue operation.
   • Delayed Response: Significant delays in deploying the Recce Squad, an elite unit of the General Service Unit (GSU), contributed to the crisis. The squad arrived 12 hours after the attack began.
   • Resource Misuse: The delay was partly due to the misuse of state resources, including a police airplane being used for personal errands instead of ferrying the Recce Squad.
3. Plaintiffs’ Allegations:
   • Inaction: The plaintiffs argued that the government ignored actionable intelligence that could have prevented the massacre, leading to 147 deaths and numerous injuries.
   • Security Failures: Criticism was directed at both security agencies and the university administration for failing to act on the available intelligence, exacerbating the tragedy.
4. Court Findings:
   • Overwhelming Evidence: Despite the government’s defense that there was no specific actionable intelligence, the court found overwhelming evidence of negligence.
   • Uncoordinated Efforts: The court also noted the uncoordinated deployment of the army, which further contributed to the loss of life.

Current Status

It is uncertain whether the government will appeal the ruling through the Attorney General’s office. The decision marks a significant moment in the quest for justice for the victims and survivors of the Garissa University attack.

Visual

The entrance to Garissa University in Garissa County.

For more information on the case and its implications, read the full ruling here.