Post election violence: Kenya to pay traders Ksh.6.3B in landmark ruling


2007/08
Violent scenes from the 2007/08 post election violence. [Photo/irinnews.org]

In Summary

  • Justice Msagha Mbogholi awarded the compensation encompassing damages to the transport trucks, costs and a 24% interest rate annually to payment date.
  • The firms and truck drivers had sought Ksh.3.8 billion at the time they filed their suit in March 2010.
  • The cost was pushed to Ksh.6.3 billion due to inflation and interest costs.

The Kenyan government will now have to pay 16 traders from Uganda and Rwanda Ksh.6.3 billion for property destroyed during the post election violence ten years ago.

In a landmark ruling, Justice Msagha Mbogholi awarded the compensation damages to the transport trucks, costs and a 24 percent interest rate annually.

Justice Mbogoli further reprimanded the country for failing in its regional responsibilities.

According to him, Kenya as a member of the East African Community, is obligated to ensure harmonized and complimentary transport and communication policies.

He further added that the government is expected to improve and expand the existing transport and communication links.

The ruling follows a successful suit by the foreign traders, accusing the government of failing to provide security.

The firms and truck drivers had sought Ksh.3.8 billion at the time they filed their suit in March 2010.

It  was however increased to Ksh.6.3 billion due to inflation and interest costs.

Drivers who were ferrying the goods from Mombasa to DRC Congo, Rwanda and Uganda are also part of those who were awarded the compensation.

The companies claimed that 22 of their trucks were destroyed in the political turmoil sparked by the disputed 2007 /2008 elections

Earlier, the Attorney General in an advisory letter to the President had advised an out-of-court settlement.

The AG, then Amos Wako, had cited two documents on the post election violence: the Kriegler and Waki reports.

He said they had indicted that police failed in their duties of maintaining law and order, preservation of peace and protection of life and property.

AG Wako had then stated that an out-of-court deal would save the country from protracted litigation.

In the judgment, 15 firms will share Ksh.4.7 billion while Mgenga Holdings, who had filed a separate suit, will get Ksh.1.62 billion as compensation.

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Story By Sam Ogina
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