The High Court in Nairobi has issued a landmark ruling requiring the Kenyan government to pay over Ksh470 million to the families of victims and survivors of the 2015 Garissa University terror attack. The judgment, delivered on Wednesday, July 31, by Justices Antony Ndung’u, Mugure Thande, and Daniel Kemei, found the state negligent in its duty to protect the students.
The court awarded Ksh3 million to each of the families of the 148 students who were killed in the attack. For the 14 survivors who were injured, varying amounts were granted based on the severity of their injuries, with one survivor receiving Ksh10 million.
This ruling follows a lawsuit filed by survivors and the families of victims, who alleged that the government had prior intelligence about the attack but failed to take preventive action. The plaintiffs accused the state of ignoring critical information that could have thwarted the assault, which resulted in 147 deaths and numerous injuries.
Court documents revealed that the government had ample intelligence regarding the attack but failed to implement necessary preventive measures or facilitate an effective rescue operation. The plaintiffs testified that the state’s negligence included delaying the deployment of the elite Recce Squad, which arrived at the scene 12 hours after the attack began. The siege lasted until approximately 6:20 pm.
The delay in deploying the Recce Squad was partly due to the misuse of state resources, including a police airplane that was used for personal errands instead of transporting the elite squad to Garissa. The court also criticized the uncoordinated efforts of the army, which contributed to additional casualties.
Despite the government’s argument that there was no actionable intelligence about the attack, the court found substantial evidence to the contrary. The ruling holds the government accountable for its security lapses and the resulting consequences for the victims and their families.
It is currently uncertain whether the government, through the Attorney General’s office, will appeal the ruling.
