Appeal court stops Sh7.9m payout to Garissa residents who sued State over alleged military shooting

The Court of Appeal has granted a stay of execution against a High Court decision that awarded Sh7.9 million to five Garissa residents who sued the State over an alleged military shooting incident in 2017.

This follows an appeal by the State seeking to halt payment of the damages ordered after the High Court found the Kenya Defence Forces liable for shooting the petitioners.

The stay order will remain in effect until the State’s appeal is heard and determined.

Appellate Judges Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule noted that the appeal raised arguable grounds and that the respondents, who did not oppose the application, had not rebutted claims of impecuniosity.

The court directed the applicants to deposit the full decretal amount in court within 90 days, failing which the stay will lapse.

The appeal was filed by the Attorney General, the Cabinet Secretary for Defence, and the Director of Public Prosecutions, who argued that the High Court erred in finding the State liable without adequate evidence linking the military to the incident.

In their application, the State submitted that execution of the Sh7.9 million decree before the appeal is determined could render the case nugatory, particularly since recovery from the private citizen respondents would be uncertain if the appeal succeeds.

The case arises from a 2017 incident in which the respondents alleged that Kenya Army officers shot at them while they were repairing their vehicle in Garissa. The incident resulted in fatalities and serious injuries.

The Army denied involvement, citing a lack of evidence connecting their vehicles or personnel to the attack.

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