A constitutional court has awarded compensation to 148 families who lost their children in the 2015 Garissa University College terrorist attack.
The ruling, issued by a three-judge panel, found that the government had failed to prevent the attack despite having intelligence warnings that the institution was at risk.
The court’s decision mandates that each family affected by the tragedy receive Sh3 million as compensation for the violation of their constitutional right to life.
This compensation is intended to address the loss and suffering experienced by the families.
In addition to the compensation for the families, the court ordered the government to provide damages to the 32 individuals who were insured.
Each of these individuals is to receive Sh1.2 million, in addition to Sh6 million for medical treatment and trauma incurred as a result of the attack.
Furthermore, the court determined that the government had breached Section 241 of the Constitution by deploying military forces to the attack site without first consulting the National Assembly.
This lack of proper procedure was highlighted as a significant violation of legal protocols.
The court’s decision underscores the government’s responsibility to ensure the safety of institutions and to act on intelligence warnings to prevent such tragedies.
The ruling also emphasizes the need for adherence to legal procedures in emergency responses to safeguard both public safety and constitutional rights.
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