Moi era tribal clashes victims seek Sh31bn compensation

Justice Isaac Lenaola. He will deliver a ruling on May 29. PHOTO | FILE

Over 36,000 victims of the 1992 and 1997 tribal clashes on Tuesday urged the High Court to order the government to pay over Sh31.5 billion in compensation for the mass destruction of their property.

The victims through lawyer Rumba Kinuthia told Justice Isaac Lenaola to award them their undefended claim.

“The government did not even call any witness to deny any of the allegations by the petitioners,” Mr Kinuthia told Justice Lenaola when he closed the case.

Mr Kinuthia told  the judge that the petitioners were entitled to compensation by way of general damages for violation of their constitutional rights.

The 36,000 victims, under the umbrella of the Human Resettlement Disaster Care organisation, are seeking a declaration that they are entitled to compensation for violation of their rights and freedom.

The organisation draws its members from areas hit by the tribal clashes including Molo, Narok, Njoro, Trans-Nzoia, Bungoma, Mount Elgon, Uasin Gishu, Kisii and Nakuru. Other areas cited are Laikipia, Kericho, Nandi, Nyando, Subukia and Likoni.

They said State officers and politicians incited their communities to attack and that former president Daniel arap Moi victimised them on the basis that they were “outsiders” from regions that favoured multi-party democracy as opposed to one-party rule.

They accused succeeding regimes after the 1997 elections of ignoring their pleas for resettlement and compensation despite several verbal announcements by State officers that their plight would be looked into.

The court will decide the award on May 29.

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