Lawyers Mwariri and John Khaminwa who represented the survivors and families of the deceased students killed in the attack told the court the government had sufficient information of the imminent attack.
It has now emerged that the government had information that could have prevented the Garissa University terror attack of April 2, 2015, from taking place. The attack had claimed the lives of 142 students.
Lawyers Mwariri and John Khaminwa who represented the survivors and families of the deceased students killed in the attack told the court the government had sufficient information of the imminent attack.
“Indeed an award of damages cannot bring back life but we are happy that this is an acknowledgement that the state failed in stopping the Garissa attack,” Mwariri told the media outside the Milimani Law Courts.
He however 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.
The Milimani Law Courts in Nairobi. /FILE
The judges had on Wednesday, July 31 ruled that if adequate security measures had been taken in time, the attack would not have happened and the carnage would not have been as extensive.
Meanwhile, the government will now be forced to compensate the families of the deceased students following the ruling which mandated that the government pay Ksh3 million to the families of the students killed at the university.
Other than those killed, the High Court also awarded compensation amounts ranging from Ksh1.2 million to Ksh10 million to 14 students who were injured in the attack.
Lady Justice Mugure Thande, along with Justices Anthony Ndung’u and Daniel Kemei made the ruling after hearing a lawsuit filed by Kituo cha Sheria and parents on behalf of the 14 survivors of the attack and the 142 families who lost their loved ones.
The human rights lobby had sued the Ministry of Education, Ministry of Interior, Ministry of Defence, National Police Service, and Garissa University, seeking compensation for the deceased and injured students.
“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 said.
“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.”
Kituo cha Sheria argued that the attack could have been avoidable if State agencies had implemented adequate security measures beforehand.
The judges stated that the government violated the students’ constitutional right to protection and cited clear evidence of negligence by the security agencies.
In outlining the government’s failure to prevent the attack, mitigate its effects, or ease rescue efforts, leading to the loss of lives and violation of constitutional rights, the judges had specified security concerns raised by the university’s principal who had resultantly requested additional personnel.
However, the number of police officers at the university only increased from two to four. This is after the principal had written to the then Garissa County Commissioner Njenga Mirii seeking enhanced security for the institution.
Additionally, the High Court said there was enough evidence and information about the attack before it happened but it was not addressed adequately.
They emphasized that even after the attack began, it took more than eight hours for the Recce Squad (a reconnaissance unit of the General Service Unit) to be deployed.
According to the judges, the earlier arrival of the Recce Squad could have mitigated the extent of the attack on the students.
