AG denies police were negligent in Garissa terror attack

Attorney- General Githu Muigai has denied claims that the police were negligent by failing to avert the April 2015 Garissa University College terrorist attack, which claimed 148 lives.

Prof Muigai has asked the High Court to dismiss a suit filed by the family of a victim of the attack, arguing that the government and police have always done their best to counter terrorism in the country-- hence cannot be accused of negligence.

Gakuru Michire wants the Constitutional and Human Rights Court to declare that the government was negligent in failing to protect his son, Samuel Michire, leading to his death and that of 147 others at the hands of five terrorists who attacked the university.

But Prof Muigai says the government has ensured an increase in the police to citizen ratio over the years and carried out specialised training of disciplined forces to fight terrorism.

Samuel was among 142 students and six security officers killed during the early morning attack on April 2. Somalia-based terrorist group Al-Shabaab claimed responsibility for the attack.

“I am aware that the respondents have taken legislative and other measures to counter terrorist attacks in Kenya including the enactment of the Prevention of Terrorism Act of 2012. The police as a disciplined service discharged its constitutional and legal duties before, during and continues to do so even after the Garissa University attack diligently and professionally,” the A-G says in suit papers.

He further adds that Mr Michire and his family have not specified which of their rights under the Constitution were violated by the State.

“The averments that the respondents failed, refused or neglected their duty of protecting Mr Michire’s son on the material day resulting to his death are denied in totality and Mr Michire is put to strict proof,” he adds.

Mr Michire and his family hold that in failing to thwart the Garissa attack, the State had violated Samuel’s right to life and his right to equal protection.

Garissa University, the first respondent in the suit, is yet to file a replying affidavit.

Families of the victims each received Sh100,000 from the government to cater for funeral expenses. The State also paid for mortuary costs for all students killed in the attack.