IDPs in Sh6.5b compensation case push for arbitration despite state opposition

Over 75,000 Internally Integrated Displaced Persons (IIDPs) are seeking an out of court settlement in a Sh6.5 billion compensation case, even after the government pulled out of an arbitration plan.

The 2007/8 poll chaos victims have welcomed the government to negotiate and settle the eight-year dispute outside the court.

In their plea before Judge Hedwig Ong’udi, the representatives who pushed for the case to be determined in court, have now changed tune and seek arbitration.

“We welcome the government through the president to listen to our plea and come to negotiate to settle the matter outside court,” stated Joseph Otieno, the CEO IIDPs support initiative.

According to Otieno, the case would best be solved by negotiation instead of a court proceeding that would involve thousands of IIDPs who would delay the case further.

Initial discussions show that the government is willing to enter into an agreement with the victims.

The chairperson John Maina said that vetting on who the genuine victims were had been done and over the last eight years, negotiations were advancing.

He retaliated that many victims had died without compensation and many might die if the case continues in court.

He pleaded with the government to resolve the matter quickly.

The plea comes four months after the court gave the government 30 days to furnish names of genuine IDPs lined up for compensation of Sh6.5 billion.

The order was issued by Judge Ong’udi on May 30 who ruled that the names would be cross-checked against a list provided by the 75,000.

The integrated IDPs moved to the court in 2017 and successfully stopped the compensation process, saying those compensated were strangers.

The Sh6.5 billion was held by the court until the list could be verified.

In her ruling, Judge Ong’udi regretted that the government, through the Ministry of Interior, had never complied with the orders issued eight years ago by then High Court Judge Joel Ngugi.

“I understand that the respondent (government) was on June 26, 2018, ordered by Justice Ngugi to supply a list of genuine IDPs. I therefore direct that the government complies with the said order within the next 30 days,” ruled Justice Ong’udi.

The court also granted the parties in the case 90 days to hold negotiations.

The ruling was delivered the same month Interior Principal Secretary (PS) Raymond Omollo disowned a consent agreement that was allegedly signed by all parties to have the matter resolved.

According to Omollo’s letter dated May 19, 2025, the government was not legally obligated to compensate the IDPs.

“The government has no legal obligations to compensate the victims, and any person claiming compensation must prove by way of evidence,” read the letter in part.

The PS rubbished claims that the ministry entered into the consent agreement with the victims and disowned a consent and alleged negotiations between the office of the Attorney General and the victims.

“It is our view that the matter should proceed to full hearing,” read the letter.

The PS deposed that there were 663,921 IDPs comprising 245,416 households, who were profiled, vetted, and verified throughout the country.

He said that vetting was done by committees at the then Districts and government compensated IDPs registered on or before 31 December 2008.

If the matter is not settled, the case will proceed to hearing on November 17.