The government has been ordered to pay damages amounting to Sh496 million to students who were injured and to parents who lost their children in Garissa University terror attack over nine years ago.
A bench of three judges of the High Court ruled that the government failed to prevent the loss of lives as there was evidence of an imminent attack at the university in April 2015.
Justices Anthony Ndung’u, Mugure Thande and David Kemei on Wednesday said whereas the security forces may be commended for their efforts in which 600 students were rescued at the university on April 2, 2015, the delay in deploying Recce squad, a team that was ideal in such a situation, led to more deaths.
During the dawn attack at the university, armed attackers took the students hostage for several hours causing them mental torture, pain and anguish before shooting them dead.
148 people, mostly students, died during the attack and three men were convicted and jailed in 2019, for the attack.
The court awarded each of the injured students between Sh1.2 million and Sh10 million depending on the degree of the injuries.
For those who died, the judges directed the State to compensate each loss with Sh3 million.
“There was dereliction of duty on the part of the respondents, who were only jolted into action by the tragic incident, a classic case of closing the stable door after the horse had already bolted,” the judges said.
The judges said evidence presented in court was that the elite Recce squad, which was most suitable in operations of such nature did not arrive until several hours later.
“It follows therefore, that the petitioners’ legitimate expectation was violated. Had the police conducted themselves in a more professional manner by being preventive, efficient and proactive, the attack would have been prevented or at the very least, the carnage minimised,” said the judges.
One of the parents who lost her child welcomed the compensation but said the amount was too little and cannot replace her son.
“It is nine years down the line while we have been waiting for justice. At last it has come but the monetary compensation cannot take the position of our slain children whose life were cut shot and generations lost,” said a weeping parent who declined to have his name published.
Another parent who lost a student said, “Money cannot be equated to a child. Even though the government has been ordered to compensate us there is no joy at all in the money.”
A student (Rachel Munjiru Gikonyo) who suffered a spinal injury told the Nation the Sh10 million award is not enough given that she “has been permanently injured.’
“It is unfortunate the government failed to act after getting an alert of the impending attack. It was negligence that has made me helpless and a burden to my family. My career was shattered,” said the former student now confined to a wheelchair.
The court said the State and university administration failed the students who had travelled far and wide in their quest for education and lay a solid foundation for their future.
The court noted that there was evidence that the principal of the university had requested for enhancement of security at the institution but the request was not sufficiently considered by the police.
This is because, the number of police officers was only increased from two to four.
“It is quite evident that the threat of an attack at the university was not idle but very real, court. By their own admission therefore, the security agencies were aware of an imminent attack and thus owed a duty of care to the university to enhance security,” added the judges.
Kituo Cha Sheria filed the case on behalf of 14 students who were shot and sustained injuries during the attack and on behalf of parents who lost their children.
They accused the government of failing to prioritize the deployment of police officers to ensure that there was adequate security within the school premises.
The lobby group said the deployment of four police officers was still inadequate considering the student population of 1,006 and the level of the threat of an attack.
It was noted that there was a specific written request from the Principal before the attack happened.
Further, the court was told that Kenya Defence Forces (KDF) was deployed to support police officers who were already rescuing students and pursuing the attackers.
According to the government, the there was no actionable intelligence on the impending attack as the information was of general nature and did not point at specific place of the attack or that the university was the target.
“It must be noted that terrorism is not a unique problem to Kenya, but a global problem. This withstanding, Kenya Defence Forces and National Police Service responded to the situation and was able to rescue more than 600 students,” Colonel Symon Yator, special state counsel said.
He added that the government put appropriate measures to enhance national security and prevent terrorism activities not only in Garissa but throughout the country, including increasing police presence and patrols.
On claims that there was lack of coordination, the government said the operation was conducted in a multi-agency framework with the National Police Service retaining control and general superintendence of the operation.
Evidence presented in court showed that the attack occurred at around 5am as more than 30 students from the Christian Union group were holding prayers. Police responded at around 6am and were later joined by the KDF at 11am.
Recce squad came later at around 2pm as it was reported that their deployment was delayed by the use of their official chopper by one of the commanders.
The court said the inordinate delay of deployment of Recce squad gave the attackers plenty of time to continue with the carnage.
