The Court of Appeal has temporarily suspended the execution of a judgment that awarded Sh7.9 million to four civilians shot by Kenya Defence Forces officers in Mandera nearly a decade ago.

Judges Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule, in a decision issued last week, granted a stay on the June 2022 compensation order until an appeal filed by the Attorney General, the Cabinet Secretary for Defence, and the Director of Public Prosecutions is heard and concluded.

In the meantime, the judges directed the Ministry of Defence to deposit the Sh7.9 million in court within 90 days. If the amount is not deposited within that period, the order suspending the judgment will automatically lapse.

“The execution of the decree is stayed until the appeal is heard and determined. The applicants shall deposit the decretal amount in court, within the next 90 days; failing which the order for stay of execution shall automatically lapse,” the ruling stated.

The case was filed by Adan Mohammed, Dubane Samow, Abdulle Sahara Maow, Salan Hashim, and Mohammed Sheikh Mohammed, who accused the Ministry of Defence of violating their Constitutional rights.

They told the court that on December 28, 2015, at around 10:45 am, three KDF Land Cruisers carrying at least six hooded soldiers each, stopped at Hali connection where some civilians were repairing a Toyota Probox.

According to their account, the officers opened fire indiscriminately, injuring the driver of the Probox, the passengers, and a passerby. Some of the victims died while undergoing treatment at the Mandera County Referral Hospital, while one died at the scene.

A search carried out on the vehicle by police officers, including those from the Anti-Terrorism Police Unit, revealed no explosives or any other incriminating evidence.

The civilians said the soldiers claimed the shooting was based on suspicion that the vehicle contained explosives, but after nothing was found, the government failed to prove there was any valid reason for using lethal force.

In their defence, the KDF officers denied involvement in the shooting. However, the court observed that there was no dispute that KDF officers shot at the vehicle and that the incident caused injuries and loss of life.

KDF argued that the shooting was an act of defence by the officers. Despite this, the High Court had in 2022 ruled in favour of the petitioners and awarded them compensation.

The Ministry and the AG were dissatisfied with the ruling and filed the appeal that is now pending before the appellate court.