The Nairobi High Court has issued a groundbreaking ruling, directing the government to pay over Ksh470 million to the families of Garissa University students who were killed or injured in the 2015 terror attack.
On Wednesday, July 31, Justices Antony Ndung’u, Mugure Thande, and Daniel Kemei issued the judgment, concluding that the state was negligent in its responsibility to safeguard the students. The court granted Ksh3 million each to the families of the 148 students who were killed in the 2015 Garissa University attack.
For the 14 survivors who were injured and brought the case to court with Kituo Cha Sheria, the court awarded different compensation amounts based on the extent of their injuries. For example, one individual received Ksh10 million.
This ruling comes after a lawsuit by the attack survivors and the victims’ families, who contended that the government had prior intelligence about the attack but did not take action. The plaintiffs charged the state with neglecting critical information that could have prevented the April 2, 2015, massacre, which resulted in 147 student deaths and numerous injuries.
Court documents indicated that the government had ample intelligence and general information about the attack but failed to take preventive actions or conduct an effective rescue operation.
“The government had adequate intelligence and general information about the attack, yet the Respondents deliberately neglected to implement necessary preventive measures, address the impact, or facilitate escape and rescue efforts during the incident,” the former students testified.
Kituo Cha Sheria, an organization representing the victims, highlighted that both the security agencies and the university administration failed to act on the available intelligence, worsening the disaster. The survivors and their families have sought damages for the psychological trauma and medical expenses they have faced since the attack.
A significant issue in the case was the delayed arrival of the Recce Squad, an elite unit of the General Service Unit (GSU). Court documents revealed that the squad reached the site 12 hours after the attack began, which started early in the morning and continued until about 6:20 pm.
This delay was blamed on the misuse of state resources, as an officer from the National Police Service had permitted the police plane to be used for personal matters, transporting family members from Mombasa to Nairobi instead of deploying the elite unit to Garissa.
The petitioners also condemned the improper deployment of the army, which resulted in disorganized efforts and additional loss of life. The court acknowledged these failures and concluded that the government must be held responsible for the security lapses and their consequences.
Although the government argued that there was no specific and actionable intelligence regarding the attack, the court found substantial evidence to refute this claim.
It is still uncertain whether the government, through the Attorney General’s office, will appeal the decision.
