State given 30 days to submit genuine IDP list for Sh6.5 billion compensation

The government has been given 30 days to provide the names of genuine 2007/2008 Internally Displaced Persons (IDPs) lined up for compensation of Sh6.5 billion.

The order issued on Friday, by Justice Hedwig Ong'udi comes eight years after the same was issued by then High Court Justice Joel Ngugi, on June 26, 2018.

The list of names ordered provided is supposed to be cross-checked against a list provided by over 75,000 integrated IDPs.

The integrated IDPs moved to the court in 2017 and successfully stopped the compensation process, saying those compensated were strangers. The Sh6.5 billion was held by the court until the list could be verified.

In her ruling, Justice Ong'udi regretted that the government, through the Ministry of Interior, had never complied with the orders issued eight years ago.

"I understand that the respondent (government) was on June 26, 2018, ordered by Justice Ngugi to supply a list of bonafide IDPs. I therefore direct that the government complies with the said order within the next 30 days," ruled Justice Ong'udi.

The court further ordered the lawyers from the integrated IDPs and the government to hold negotiations in a bid to settle the matter within the next 90 days.

Ong'udi ruled weeks after Interior Principal Secretary Raymond Omollo disowned a consent agreement that was allegedly signed by all parties to have the matter resolved.

According to his letter dated May 19, 2025, the government was not legally obligated to compensate the IDPs.

Omollo did not appear on May 26, but sent Deputy Chief State Counsel Kepha Onyiso with the letter, explaining the government's position on the compensation process.

"There were no legal obligations for the government to compensate the victims, and any person claiming compensation must prove by way of evidence that the government was legally obligated to compensate them," read the letter in part.

The PS rubbished claims that the ministry entered into a consent agreement with the victims.

He went further to claim that the ministry was not aware of the consent or negotiations between the office of the Attorney General and the victims.

"It is our view that the matter should proceed to a full hearing," read the letter.

The PS explained that after the post-election violence, the government made enormous efforts and used resources to mitigate the unfortunate situation that IDPs found themselves in.

He deposed that there were 663,921 IDPs comprising 245,416 households, who were profiled, vetted, and verified throughout the country.

He said that vetting of the IDPs was done by vetting committees at the then-district level and by the Kenya National Bureau of Statistics, and the list was kept by the State Department of Devolution and Directorate of Special Programmes.

"The government decided to compensate IDPs who were registered on or before 31 December 2008 and who appeared in its database. The said victims must prove that they were vetted and verified before the said date," he said.

The case was filed in 2017 by the Integrated IDPs Support Initiative.

The matter will be heard on November 17.