'STATE WAS NEGLIGENT'

Garissa varsity attack families sue for compensation

Education, Interior and Defence ministers, the National Police Service and the university accuse of not preventing the disaster

In Summary

•Government sued for 'ignoring several useful intelligence on impeding terrorist attacks in Garissa' prior to the attack 

•Construction of hostels impeded the escape of the students 

The government and media paint events like Westgate, Garissa varsity and El Adde as the triumph of the ‘Kenyan spirit’ over adversity. In short, we won every time we lost
The government and media paint events like Westgate, Garissa varsity and El Adde as the triumph of the ‘Kenyan spirit’ over adversity. In short, we won every time we lost

A lobby has sued the government for compensation on behalf of 28 parents who lost their children in the 2015 Garissa University terror attack in which 148 people died.

Kituo cha Sheria blames the government for negligence by not taking appropriate measures to enhance national security for its citizens. 

Nine people are listed as petitioners. They are Agnes Waithera, Jannai Njeka, Paul Kinyala, John Mwangi, Joseph Ngatia, John Mucheru, Peter Wainaina, Susan Kamau and Kenneth Ng’ang’a. They have sued Education Cabinet secretary, Interior Cabinet secretary, the National Police Service, the university and the Defence Cabinet secretary.

The petitioners claim the government ignored several useful intelligence pointers on impeding terrorist attacks targeting learning institutions in Garissa.

The parents said that even when the security officers were flown to the university, there was no clear command structure such as who was in charge of operations, leading to the long siege, hence the loss of lives.

They further blame the state for failure to supply the police with appropriate equipment like night vision and telescopic sights kits, armoured personnel carriers and bullet-proof vests.

 The hostels were built in a manner that did not aid escape of the students, the parents said. Each of the hostel cubicles was occupied by six students The dorm had two escape routes. The windows were grilled and the construction taking place adjacent to the hostel made it extremely difficult for students to escape, they said. 

A student survivor swore an affidavit in support of the compensation case.

Stephen Mwangi narrated how while hiding in a wardrobe with other students, he saw his sister being rounded up alongside others by the terrorists. He informed his mother with whom was talking by phone.

“At the time my sister, Joyce was rounded up I could see all the events and in fact informed my mother that I had seen my sister among those rounded up which conversation was by phone in low tones,”  the student said in his affidavit.

He added, “I blame the state for failing to move with speed to contain the situation as most of the students were even killed in the afternoon long after the attack commenced.”

Before the 2015 university raid, the country had suffered several terror attacks in which there were many fatalities.

In 1998, the American Embassy was attacked and 213 people killed.  Thousands more were injured.  In 2002, three suicide bombers attacked a hotel in Kikambala killing 11 Kenyans and three Israelis.

Five years later, a device suspected to have detonated prematurely killed two people at City Square gate.

In October 2011, Kenya sent soldiers to Somalia under 'Linda Nchi' (protect the country) operation. Several soldiers have died in subsequent al Shabaab attacks.

In January 2013, a terrorist killed five people while six others were shot dead at Kwa Chege Hotel that May.

Five months later, terrorists struck Westgate Shopping Mall killing 69 people. 

WATCH: The latest videos from the Star