- The High Court in Nairobi ordered the government to pay 16 Ugandan and Rwandese firms Sh 6.3 billion for goods destroyed during the 2007-2008 post-election violence.
- Justice Mbogholi Msagha ruled that the Kenyan police failed to protect businesses during the 2007 polls chaos.
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After 10 years, Kenyan court awards Ugandan and Rwandese firms hefty pay for losses incurred during post-election violence
The award is the largest in post-election violence compensation.
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After more than ten years of languishing in Kenyan corridors of justice, Ugandan and Rwandese businesses can finally rest easy and recoup some of losses they incurred during Kenya’s post-election violence.
This is after the High Court in Nairobi ordered the government to pay 16 Ugandan and Rwandese firms Sh 6.3 billion for goods destroyed during the 2007-2008 post-election violence.
In a landmark ruling on Thursday, Justice Mbogholi Msagha observed that the Government had reached out to the affected traders to settle the case out of court in 2010 but later turned around to deny liability.
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“The plaintiffs in this suit feature prominently in that document which has not been denied by the defendants even during the hearing. There is evidence on record that an attempt was made to settle the claim out of court,” the judge ruled.
“The defendants cannot therefore at this stage run away from liability.”
Judge Msagha observed that during the hearing, state lawyers admitted the claims laid by the firms but still asked the court to dismiss the suit.
The judge further added that the Attorney General had even wrote to the then permanent secretary in the office of the president notifying him that it was impossible for the government to escape liability since two commissions had already found that the Kenyan police had failed to protect businesses during the 2007 polls chaos.
In the suit where Chief Inspector General of Police and the Attorney general were named as respondent, the court heard that most of goods they were ferrying into the country were vandalized.
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“The police failed to provide security arrangements to protect the plaintiffs’ lives and property. As a result of violence, the plaintiffs lost trucks and goods by way of arson and theft,” the firms claimed.
This mostly happened on the Nakuru-Eldoret-Malaba and Nakuru-Busia highways.
The case had been filed by Kampala City Traders Association, KATRACO Uganda, Intraspeed Logistics and Mugenga Holdings claiming that their 22 trucks which were on transit to Nairobi were destroyed in chaos.
In addition, Dooba Enterprises, Willex Uganda, SEBCO Uganda, KPI Limited, Bunyonyi Safaris, Seven Hills Impex, Uganda Agricultural Tools, Board City, Bidco Uganda and businessman Tom Mgenga, who owns Mugenga Holdings also laid claim against the Kenyan Government for each truck that was destroyed.
In the judgment, 15 firms will share Sh 4.7 billion while Mr. Mgenga who had filed a separate suit will get Sh 1.62 billion as compensation.
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The award is the largest in post-election violence compensation.
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