Kenya’s tribal clashes victims lose Sh31.5 billion case against State

NAIROBI: The High Court has dismissed a Sh31.5 billion compensation claim lodged against the State by tribal clashes victims.

Though High Court Judge Isaac Lenaola left a vent for the 36,000 victims to individually plea for reparation from the Government for losses incurred during the tribal skirmishes that occurred for close to seven years ago in the country, the judge ruled that the case did not meet the mark that would warrant the court to compel the Government to pay them.

The victims who were allegedly gathered from different parts of the country had sued though a welfare organisation Human Resettlement Disaster Care (HUREDICA) but the judge said that the petition remained shaky as the officials of the organisation could not be used as blanket evidence for remaining thousands of people who were also seeking a piece of justice.

Justice Lenaola noted that he had given the victims an opportunity to amend the case for it to have a life in the corridors of justice but the same was never done.

"I prodded the petitioners during these proceedings to rethink it and on December 17 2012, I granted them leave to amend the Petition and file Further Affidavits but they failed to do so. Perhaps that otherwise routine action would have saved the Petition but the chance to do so was lost and the petition remained on shaky ground. I have therefore agonized on what orders to make since the petition must be dismissed," Justice Lenaola said.

"How did the petitioners expect that claims for alleged violations of fundamental rights in individual homes; in individual circumstances; at different places and at different time be properly proved by an omnibus Petition of 36,000 claims supported by no more than an affidavit or two and six sack loads of documents hand-prepared by the claimants themselves. How did the Petitioners expect that with inconsistencies abounding on say the causes of death in some death certificates, this Court would as a matter of course believe every one of them and grant them the billions they seek in compensation?" the judge further paused.

The case was lodged in 2011 and the contention being that the State agents, servants, officers organized rallies that instigated tribal violence which led to loss of life, property, investments and mass displacement of populations on various places between 1992 and 1997 general elections.

In the case, the court heard that the hardest hit places by the tribal incitement and wars were Molo, Narok, Njoro, Trans- Nzoia, Bungoma, Mt Elgon, Burnt Forest, Turbo, Kisii, Gucha, Nakuru Municipality, Mwariki, Laikipia, Olmorani, Ole Nguruone, Kericho, Londiani, Subukia, South Nandi, Nyando, Miteitei, and Linkoni.

"In these areas their houses were burnt down, crops destroyed, animals killed, relatives were killed and they were also forced to flee due to fear of their lives," the court heard.

The State on the other hand was opposed to the claim. The Attorney General argued the case was not water tight and ought to have been dismissed. He further stated that the officials of the organisation could not bear the burden of the rest of the members.

However, the judge, after hearing the case that lasted for close to four years found that they had shown any proof the their rights were violated.

"It is saddening therefore that a matter as serious as this one was predicated on shoddy pleadings, even shoddier evidence and was treated very casually by the petitioners and counsel. Perhaps the figure of 36,000 alleged victims and an even loftier figure of Sh 31 509 872 916.70 as damages for alleged losses blinded them to the reality that at the very least, credible evidence had to be tendered to support their lofty claims. In the end, they failed to do so and their petition was dealt a death blow by their own actions," the judge noted.