State not legally obligated to compensate PEV victims, PS Omollo says

The state is not legally obligated to compensate victims of the ="https://www.google.com/url?client=internal-element-cse&cx=011965659370381653902:7awkdkhs2_y&q=https://www.standardmedia.co.ke/opinion/article/2001513483/victims-of-2007-post-election-sexual-violence-deserve-justice&sa=U&ved=2ahUKEwjW3or6osGNAxVcKvsDHbeBJTMQFnoECAUQAg&usg=AOvVaw0FPc_t3vxThahxshw3qS9D">2007/08 Post Election Violence<, Internal Security Principal Secretary Raymond Omollo has told a Nakuru court.

Dr Omollo, who was summoned by the High Court in Nakuru to explain the government’s position on Sh6.5 billion compensation for over 75,000 victims, said any payments made to families displaced by the violence were done as a favour and from a sense of moral obligation.

These sentiments were contained in a letter addressed to the court through the Deputy Chief State Counsel Kepha Onyiso, dated May 19, 2025. Onyiso addressed Judge Hedwig Ong’udi on Omollo’s behalf.

“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 in part.

The PS rubbished claims that the ministry entered into a consent agreement with the victims dubbed Integrated Internally Displaced Persons (IIDPs), to compensate them.

While addressing the court, Onyiso went further to add that the ministry was not aware of any consent or discussions between the government and the victims.

According to the letter, the office of the Attorney General sought instructions from the interior ministry to sign the consent, but the ministry declined.

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

The PS further stated that matters relating to IDPs are dealt with under the Prevention. ="https://www.google.com/url?client=internal-element-cse&cx=011965659370381653902:7awkdkhs2_y&q=https://www.standardmedia.co.ke/opinion/article/2001518088/blood-of-post-election-gen-z-protests-victims-is-crying-for-justice&sa=U&ved=2ahUKEwjW3or6osGNAxVcKvsDHbeBJTMQFnoECAIQAg&usg=AOvVaw3dzwAoLkSUk-XtYTIesXzj">Protection and Assistance to Internally Displaced Persons< and Affected Communities Act.

He said section 12 of the act established the National Consultative Coordination Committee on Internally Displaced Persons to assist IDPs.

“As a member of the said Committee, the PS has no power to unilaterally direct payment of Sh6.5 billion to the petitioners (IIDPs). A committee decision is required for this,” read the letter.

The PS explained that after the post-election violence, the government made enormous efforts and used resources to mitigate the unfortunate situation that IDPs found themselves in.

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

“Of these, 350,000 sought refuge in 118 camps while 313,921 were integrated among various communities in the country,” read the letter.

He said the IDPs were faced with different challenges, and he said 245,416 households were grouped into several categories.

Among the categories, the letter mentioned included IDPs who voluntarily agreed to return to their homes through the Rudi Nyumbani Operation.

“These were 70,000 households comprising 350,000 individuals. They were paid Sh10,000 and a few were paid Sh25,000, for the construction of their burnt houses,” noted the PS.

Another group of 8,754 IDPs, he noted, were settled in land bought by the government and received Sh400,000 in lieu of land.

The last group, he said, was 643 IDPs who were repatriated from Uganda to Kenya.

The PS insisted that vetting of the IDPs was done by vetting committees at the then District level and by the Kenya National Bureau of Statistics and State Department of Devolution, Directorate of Special Programmes, which kept a list of profiled, vetted, and verified IDPs.

“The government decided to ="https://www.google.com/url?client=internal-element-cse&cx=011965659370381653902:7awkdkhs2_y&q=https://www.standardmedia.co.ke/nyanza/article/2001274533/post-election-violence-victims-want-pay-in-uhuru-raila-deal&sa=U&ved=2ahUKEwjW3or6osGNAxVcKvsDHbeBJTMQFnoECAMQAQ&usg=AOvVaw2hvUUyC8ZjseTp8faUSrHD">compensate IDPs< who were registered on or before 31 December 2008 and who appeared in its database,” he said.

He urged the court to allow the case to be heard, to determine if the petitioners appeared before vetting committees for profiling, vetting or verification before 31 December, 2008.

The letter was received with concern and shock from the judge, who wanted the PS to make proposals.

Ong’udi insisted that the victims had suffered since the case was filed in 2017, and it was upon the ministry to ensure the matter is resolved.

“Can’t the ministry plan a meeting and come up with a proposal on how to settle the matter, instead of pushing the case to a hearing where over 2,000 victims would testify?” asked Ong’udi.

Onyiso said the government maintained the same position.

IIDPs lawyers urged the court to order the PS to release the genuine list for a comparison to be done on who the genuine beneficiaries.

The court will give its verdict on May 30.