State disowns legal obligation in Sh6.5 billion IDPs' compensation

The mystery surrounding the long-delayed compensation of victims of the 2007/2008 post-election violence has deepened, following the government’s recent declaration that it is under no legal obligation to compensate them.

At least Sh6.5 billion had been earmarked for compensating Internally Displaced Persons (IDPs) affected by the post-election skirmishes that engulfed the country.

In April 2017, then High Court Judge Joel Ngugi halted the disbursement of funds after a group of 96,000 victims complained that compensation was being issued to imposters.

Of the 96,000 claimants, 75,000 Integrated Internally Displaced Persons (IIDPs) from across the country were verified as genuine beneficiaries.

Eight years on, the case remains unresolved—despite the court permitting an out-of-court settlement in 2021.

Court records indicate that the saga began when a non-governmental organisation (NGO) registered victims of the poll violence to seek compensation from the state.

The aggrieved victims subsequently filed a petition in 2017 against the Ministry of Interior, the Ministry of Devolution, and the Attorney-General.

The government, in its response, maintained that it had initiated the compensation process in good faith, believing it was addressing the rightful beneficiaries.

In the ongoing petition, the victims are seeking a court order compelling the State to disclose the names of the 2007/2008 IIDPs who were allegedly compensated in their place.

Legal limbo

Amid the legal limbo, leadership wrangles erupted within the group in 2019. Members denounced Stephen Muthama, Everline Musuya and Esther Wanjiru—then Chairperson, Secretary, and Treasurer of the initiative—as officials. They accused Muthama of colluding with their lawyer in a bid to sabotage the case.

The NGO Coordination Board later replaced the trio with Joakim Mwangi (Chairperson), John Mwaniki (Secretary), Teresia Muiruri (Treasurer), along with seven new board members.

The leadership dispute appeared resolved on February 24, 2022, when Justice Ngugi affirmed the decision to remove Muthama, Musuya, and Wanjiru, replacing them with Mwangi, Mwaniki, and Muiruri.

While the court had allowed negotiations to proceed, the government subsequently declined to engage.

On May 19, 2025, the Principal Secretary for Internal Security and National Administration, Dr Raymond Omollo, stated that the government was not legally obligated to compensate the IDPs.

Dr Omollo had been summoned to appear before the High Court in Nakuru to clarify the State’s position on the Sh6.5 billion compensation intended for the 75,000 victims.

In a letter filed before Justice Hedwig Ong’udi, the PS asserted that any payments made to the IDPs were done as a favour and from a sense of moral obligation.

“There were no legal obligations for the government to compensate the victims, and any person claiming compensation must prove by way of evidence that the government was legally obligated to compensate them,” read the letter.

Dr Omollo dismissed claims that his ministry had entered into a consent agreement with the victims to provide compensation.

He proposed that the case proceed to full hearing, insisting he could not approve any payments unilaterally without consultation with the National Consultative Coordination Committee on Internally Displaced Persons.

He further deposed that following the post-election violence, the government had made considerable efforts and allocated substantial resources to mitigate the plight of IDPs. According to his submission, 663,921 IDPs—comprising 245,416 households—were profiled, vetted and verified countrywide.

Justice Ong’udi lamented that the government had failed to comply with orders issued nearly eight years ago. “I understand that the respondent (government) was on June 26, 2018, ordered by Justice Ngugi to supply a list of bonafide IDPs. I therefore direct that the government complies with the said order within the next 30 days,” he ruled.

The court further ordered the lawyers from the integrated IDPs and the government to hold negotiations and settle the matter within the next 90 days.