Court freezes payout to four civilians shot by KDF, directs Defence Ministry to deposit Sh7.9 million
The judges said the stay will remain in place only if the Ministry of Defence deposits the full amount in court within 90 days. If that is not done within the stated time, the suspension will automatically be lifted.
The Court of Appeal has stopped the immediate compensation of four civilians who were shot by Kenya Defence Forces (KDF) officers in Mandera nearly ten years ago, ordering the Ministry of Defence to first deposit Sh7.9 million in court.
In a ruling delivered last week, appellate judges Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule put on hold the enforcement of a 2022 High Court judgment that had awarded the civilians millions in damages for injuries and deaths caused during the 2015 incident.
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The judges said the stay will remain in place only if the Ministry deposits the full amount in court within 90 days. If that is not done within the stated time, the suspension will automatically be lifted.
“The execution of the decree is stayed until the appeal is heard and determined. The applicants shall deposit the decretal amount in court, within the next 90 days; failing which the order for stay of execution shall automatically lapse,” the court ruled.
The petition was filed by Adan Mohammed, Dubane Samow, Abdulle Sahara Maow, Salan Hashim, and Mohammed Sheikh Mohammed, who accused KDF officers of using excessive force without cause and violating their rights.
They told the court that on December 28, 2015, around 10:45 am, three KDF Land Cruisers arrived at Hali connection, where some people were repairing a Toyota Probox. The vehicles were reportedly carrying at least six hooded officers each.
Without warning, the soldiers allegedly opened fire on the vehicle and nearby civilians, injuring the driver, passengers, and a passerby. One of the victims died on the spot, while others later succumbed to injuries while receiving treatment at Mandera County Referral Hospital.
Officers from the Anti-Terrorism Police Unit later searched the vehicle but found no explosives or illegal items.
The government initially claimed the shooting was triggered by fears that the Probox had explosives, but the petitioners said no evidence was ever produced to justify that claim.
Although the army officers denied responsibility for the shooting, the court noted that there was no dispute that KDF officers fired at the vehicle, and people were harmed in the incident.
The Defence Ministry and the Attorney General later appealed the ruling that found the officers liable and ordered the government to compensate the victims. That appeal is still pending.
In the meantime, the Court of Appeal’s latest decision means the victims must wait longer for compensation unless the Ministry deposits the money in time.
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