The government has been ordered to pay Sh496 million in damages to students who were injured and parents who lost their loved ones in the Garissa University attack over nine years ago.
A three-judge bench of the High Court ruled that the government failed to prevent the loss of life as there was evidence of an imminent attack at the university in April 2015.
Justices Anthony Ndung’u, Mugure Thande and David Kemei said that while the security forces were to be commended for their efforts in rescuing 600 students at the university on April 2, 2015, the delay in deploying the Recce squad, which was the ideal in such a situation, led to more deaths.
During the pre-dawn attack on the university, armed assailants held the students hostage for several hours, inflicting mental torture, pain and agony before shooting some of them dead.
148 people, mostly students, died during the attack and three men were convicted and jailed for the attack in 2019.
The court awarded each of the injured students between Sh1.2 million and Sh10 million, depending on the severity of their injuries.
For those who died, the judges ordered the state to compensate each loss with Sh3 million.
“There was dereliction of duty on the part of the respondents, who were only jolted into action by the tragic incident, a classic case of closing the stable door after the horse had already bolted,” the judges said.
The judges said that evidence presented to the court showed that the elite Recce squad did not arrive until several hours later.
“It follows that the petitioners’ legitimate expectation was violated. Had the police conducted themselves in a more professional manner by being preventive, efficient and proactive, the attack would have been prevented or at the very least, the carnage minimised,” the judges said.
The court said the state and the university administration had failed the students, who had travelled far and wide to get an education and lay a solid foundation for their future.
The court noted that there was evidence that the principal of the university had requested that security at the institution be increased, but that the request was not given sufficient consideration by the police.
The number of police officers was only increased from two to four.
“It is quite evident that the threat of an attack at the university was not idle but very real. By their admission, therefore, the security agencies were aware of an imminent attack and thus owed a duty of care to the university to enhance security,” the judges added.
Kituo Cha Sheria brought the case on behalf of 14 students who were shot and injured in the attack and parents who lost their children.
They accused the government of failing to prioritise the deployment of police officers to ensure adequate security at the school.
The lobby group said that the deployment of four police officers was still inadequate given the student population of 1,006 and the level of threat of attack.
It noted that there had been a specific written request from the principal before the attack.
The government’s defence was that it had provided security within its means.
The court was also told that the Kenya Defence Forces (KDF) were deployed to assist the police, who were already rescuing students and pursuing the attackers.
According to the government, there was no actionable intelligence on the impending attack as the information was general and did not indicate a specific location for the attack or that the university was a target.
“It must be noted that terrorism is not a unique problem to Kenya, but a global problem. This withstanding, Kenya Defence Forces and National Police Service responded to the situation and were able to rescue more than 600 students,” said Colonel Symon Yator, special state counsel.
He added that the government had taken appropriate measures to enhance national security and prevent terrorist activities not only in Garissa but throughout the country, including increased police presence and patrols.
In response to allegations of lack of coordination, the government said the operation was conducted in a multi-agency framework, with the National Police Service retaining control and general superintendence of the operation.
Evidence presented to the court showed that the attack took place at around 5am as more than 30 students from the Christian Union group were holding prayers. The police responded at around 6am and were later joined by the KDF at 11am.
The Recce squad arrived later, at around 2pm, as it was reported that their deployment was delayed by the use of their official helicopter by one of the commanders.
The court said the inordinate delay in the deployment of the Recce unit gave the attackers ample time to continue the carnage.
Source:
www.businessdailyafrica.com
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