The Court of Appeal has granted a stay of execution against a High Court ruling that awarded Kshs. 7.9 million to five Garissa residents who sued the State over an alleged military shooting incident in 2017.
The stay blocks payment of the damages originally ordered after the High Court found the Kenya Defence Forces liable for shooting the petitioners until the State’s appeal is heard and determined.
The appeal was filed by the Attorney General, the Cabinet Secretary for Defence, and the Director of Public Prosecutions, who argued the High Court erred in finding State liability without adequate evidence linking the incident to the military.
In their application, the State argued that execution of the Kshs. 7.9 million decree before determination of the appeal could render the case nugatory, especially since recovery from the private citizen respondents would be uncertain if the appeal succeeds.
The appellate judges Justices Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule noted the appeal raised arguable grounds and that the respondents, who did not oppose the application, had not rebutted claims of impecunity.
The court directed the applicants to deposit the full decretal amount in court within 90 days, failing which the stay will lapse.
The case stems from a 2017 incident where the respondents claimed Kenya Army officers shot at them while they were repairing their vehicle in Garissa, resulting in fatalities and serious injuries. The army denied involvement, citing lack of evidence tying their vehicles or personnel to the attack.
