Court dismisses bid by 36,000 alleged IDPs to get Sh31.5bn State compensation

A Nairobi court has dismissed a bid by 36,000 alleged internally displaced persons to get over Sh31.5 billion compensation from the State.

The 36,000 claim to have been internally displaced following the 1992 and 1997 General Elections.

High Court judge Isaac Lenaola ruled that even though he was sympathetic to the clashes’ victims, he faulted them for failing to tender specific evidence to prove their case hence the court could not be forced to operate on sympathy grounds.

And while dismissing their case, the judge ordered that each of the 36,000 should feel free to file individual suits with substantial proof of their losses.

The judge said it was difficult to believe their claims because they did not attempt to make official searches at land registries for all those years as evidence that they were the registered owners of where they had fled from.

“This case raised major issues relating to the tribal clashes. Every day I saw and witnessed the obvious desperation apparent in their eyes whenever this suit came up but it is saddening that a matter as serious as this was based on shoddy pleadings and evidence,” Mr Lenaola ruled.

MANY QUESTIONS

The judge said that the evidence left many questions unanswered which should have been tackled since he had asked the victims to do so prior to the ruling.

“Who are the agents, servants, employees and officers of the State who committed all the acts complained of? What is the value of the findings of the two Reports and how does it relate with this matter because it is claimed that they have been left at the mercy of the court?” he asked.

He said the group should have been distinct of which state officers they referred to instead of generalising.

The suit had been filed four years ago by Mr Patrick Kinuthia, Mr Joseph Mbugua and Mr Duncan Muraya as officials of a lobby group whose members are the alleged victims from all over the country. They had sued the Attorney General seeking Sh31,509,872,916.70.

They claimed to have resided in the following areas alleged to have been worst hit by violence; Molo, Narok/Enoosupukia, Njoro, Trans-Nzoia, Bungoma, Mt Elgon, Uasin Gishu/Burnt Forest, Turbo, Narok/Olokurto , Kisii, Gucha, Nakuru Municipality, Baruti/Mwariki, Laikipia, Olmorani, Ole Nguruone/Chapakundi, Kericho, Londiani, Mbogoini/Subukia, South Nandi, Nyando, Miteitei, Mombasa/Likoni.

PLEAS IGNORED

They also claimed that they had carried out extensive development in their farms in particular by putting up homesteads, businesses and farming activities which were affected, lost their relatives as well as sustained bodily injuries.

The victims had blamed the state for ignoring their pleas for resettlement and compensation despite several verbal pronouncements by State officers that their plight would be looked into.

They also said the state had failed to implement recommendation of the Akiwumi Commission of Inquiry into Tribal Clashes and the Kiluki Parliamentary Commission besides providing six sacks of documentary evidence made on their own about their losses.

But the AG had told court that the deaths of the various persons whose certificates were attached was not true that they had been as result of the clashes because some of them had resulted from stroke, anaemia, old age, diabetes and cardio pulmonary arrests.