State to pay Sh3M to families of each of 142 students killed in 2015 Garissa varsity terror attack

The High Court has ordered the government to pay Sh3 million to the 142 students killed in the Garissa University terror attack of April 2, 2015.

Lady Justice Mugure Thande and benchmates Anthony Ndung'u and Daniel Kemei also awarded varied amounts between Sh1.2 million to Sh10 million to 14 students who were among those injured in the attack as compensation for the grievous injuries they sustained during the attack.

The judgment followed a suit by Kituo Cha Sheria through lawyers John Mwariri and John Khaminwa who sued on behalf of the deceased students and the 14 students maimed in the attack.

Among the beneficiaries is Rose Munjeru Gikonyo who was awarded Sh10 million for grievous harm which she sustained and which left her in a wheelchair after lengthy treatment.

Anastacia Nthenya Mikwa who sustained 28 gunshot wounds at the attack was awarded Sh6 million.

Anastacia was airlifted to Nairobi by the Kenya Defence Forces (KDF) alongside the KDF officers injured while rescuing the students.

She was admitted to the Defence Forces Memorial Hospital (DFMH) for six months where she underwent 28 surgeries under Colonel James Mwika's care before she walked out of the hospital on crutches on October 14, 2015.

Kituo Cha Sheria had sued the Ministry of Education, Ministry of Interior, Ministry of Defence `National Police Service and the Garissa University as respondents in the suit pursuing compensation for the deceased students and the injured victims.

Rose Munjeru Gikonyo and her father Julius Gikonyo in court. (Photo: Joseph Ndunda)

Mwariri had argued that should the government agencies have put in place adequate security measures before the attack, the same would not have happened.

The judges said that the government violated students' constitutional right of protection and there was clear evidence of negligence by the security agencies that led to the carnage.

The respondents had the responsibility to protect their citizens from terrorist attacks and the state abdicated this responsibility during the Garissa University terrorist attack," the judges stated.

"The respondents failed, or neglected to take adequate measures to prevent the attack, mitigate the effects of the attack, or ease rescue missions and as a result of their reckless and negligent acts the petitioners' children lost their lives and their constitutional rights were violated."

Particularly, the judges noted that there were previous security concerns raised by the institution's principal who asked for additional security personnel but the number of police officers manning security at the varsity was increased from two to a paltry four.

The principal had written to the then Garissa County Commissioner Njenga Mirii seeking that the security be increased within the institution.

The three judges also said there was sufficient evidence and information that there was an imminent terror attack targeting a section of the students at the university which was not adequately acted upon.

They also pointed out that even after the attack started, it took more than eight hours for the deployment of the Recce Squad (a reconnaissance unit of the General Service Unit) which was best suited to respond to the situation.

The judges' opinion is that if adequate security measures were taken in time and if the Recce Unit officers responded swiftly, the attack would not have happened or the carnage would not have been as extensive as it happened.

The implementation of the judgment was suspended for 30 days to allow the government to decide on whether to appeal or not.

Speaking after the judgment, Gikonyo who attended the court while on a wheelchair said she was grateful for the verdict of the court which she said has delivered justice for her and her peers who underwent the horrible incident.

Mwariri also welcomed the judgement and commended the judges for awarding a favourable amount in compensation and leaving the door open for the others injured during the attack to come out and sue for compensation.