IDPs sue Kibicho, Matiang’i in poll chaos compensation row

Interior Cabinet Secretary Fred Matiang'i and Principal Secretary Karanja Kibicho at a past event.

Photo credit: File | Nation Media Group

Years after the 2007-2008 post-election violence, internally displaced persons (IDPs) from Kisii and Nyamira counties have decided to sue Interior Cabinet Secretary Fred Matiang’i and Principal Secretary Karanja Kibicho over unpaid compensation claims.

In a petition at the High Court in Nairobi, the more than 7,000 IDPs blame the two for failure by the ministry to compensate them.

“The IDPs fraternity Kisii and Nyamira authorises Rev Nemwel Momanyi to represent us in this petition,” it reads. The petition is among several others filed by the IDPs. Rev Momanyi has been in and out of courts in Nairobi, Kisii, Kisumu and Nyamira chasing the compensation.

On May 13, Justice Weldon Korir ordered the petitioner to serve his pleading on the respondents.

He added that directions would be given on June 9.

The IDPs have also attempted to present petitions to the Senate and National Assembly. They say non-IDPs were given money meant for them.

The petitioners want the Ethics and Anti-Corruption Commission, Kenya National Commission on Human Rights, Attorney-General, Commission on Administrative Justice, Directorate of Public Prosecutions and Kenya Human Rights Commission to make a follow-up.

Mr Momanyi moved to the High Court in Nairobi in 2017 but the matter was transferred to the same court in Kisii, which however failed to stop the payments.

The petition sought to have those who received the money illegally arrested and prosecuted.

He then sought a constitutional interpretation at the Supreme Court where he was directed to the Court of Appeal in Kisumu.

“By then, the situation was getting out of hand in Kisii and Nyamira. Genuine IDPs were becoming agitated,” he said.

On June 30, 2017, Mr Charles Kamanda – an IDP – was shot in Nyamira while protesting delayed and skewed payments.

Area police boss Rico Ngare was also injured in the chaos.

“I expected the matter to be heard on a certificate of urgency at the Appellate Court but it delayed so I moved to the magistrate’s court in Nyamira where the payments were being done,” Rev Momanyi said.

He filed an application under certificate of urgency at the magistrate’s court seeking orders to stay the payment. He also wanted the Nyamira County Commissioner and KCB Bank cited for contempt.

On June 6, 2017, President Uhuru Kenyatta released Sh358 million for the compensation of integrated internally displaced people in Kisii county.

The President then handed over another Sh472 million to displaced people in Nyamira.

The President said the beneficiaries were the last batch of people displaced by the violence.