The High Court of Kenya on Thursday ordered the government to pay a sum of Ksh6.3 Billion to businesses people as a compensation for their goods destroyed during post-election violence.
A number of firms from Uganda and Rwanda moved to court against the government following the post-election violence that ensued after the 2007 General Election.
Kampala City Traders Association, KATRACO Uganda, Intraspeed Logistics and Mugenga Holdings claimed that 22 trucks were destroyed during the chaos that erupted in Nairobi.
Other companies that laid claim to the destroyed trucks are 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.
[caption caption="Nairobi protesters hold up a poster of their preferred 2007 presidential candidate during the post-election violence that followed"]
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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 in court papers.
Justice Mbogholi Msagha, who gave the ruling also noted that the government had attempted to settle the matter out of court in 2010, after which it denied liability in the losses.
"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 defendants cannot, therefore, at this stage run away from liability," the judge outlined.
In the judgement issued by Justice Msagha, 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.
The judge further ordered that each trader would be compensated for the loss of each truck over six years based on 15 percent of the value of the truck.
[caption caption="Justice Raphael Mbogholi Msagha who ordered the highest compensation for PEV at Ksh6.3 Billion on July 26, 2018"]
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