NAIROBI, Kenya Feb 5 – The Ministry of Defence is facing scrutiny over Sh2.8 billion spent on court claims linked to unfair dismissal, malicious prosecution, road traffic accidents, and human rights violations.
A report by the Auditor-General for the 2022/2023 financial year reveals that the ministry’s contingent liabilities stand at Sh2,793,356,434, arising from various court cases.
Appearing before the National Assembly’s Public Accounts Committee (PAC), officials disclosed that only Sh20.3 million had so far been determined and paid to claimants, raising concerns among MPs over the growing financial burden.
Lugari MP Nabii Nabwera questioned why the Defence Ministry was losing millions in unfair dismissal cases, arguing that the trend pointed to systemic failures.
“The concern is the amount of money being lost over unfair dismissals. More worrying is that senior officers are being unfairly dismissed and later awarded huge sums by the courts. This shows failure in the system,” Nabwera said.
Rarieda MP Otiende Amollo criticized the ministry for paying billions in road accident claims instead of opting for insurance coverage to mitigate costs.
“In the case of accidents, don’t you think you should consider insuring your vehicles so that liability is transferred to an insurance company instead of paying out billions in claims?” he asked.
Funyula MP Wilberforce Oundo echoed similar concerns, questioning why taxpayers were footing the bill for accidents when insurance could have been a cost-effective solution.
Defense Principal Secretary Patrick Mariru told the Butere MP Tindi Mwale-led committee that the high court-related expenditure stemmed from ongoing appeals, with the ministry exhausting all legal avenues before making payments.
“Until all court cases are heard and determined, some of the pending bills in terms of contingent liabilities will remain unpaid. Some rulings have involved colossal amounts, forcing us to seek additional allocations from the National Treasury,” Mariru explained.
The committee also questioned why the military was entangled in land disputes amounting to billions of shillings, despite being a government institution.
“The number of land-related disputes is alarming. How is the defence force getting involved in land controversies?” Amollo asked.
Mariru clarified that the Kenya Defence Forces (KDF) was not encroaching on land but had faced claims from the public.
“We have had cases where the public claims that KDF land belongs to them, especially in areas such as Isiolo and Eldoret. When we seek to expand our bases, we find that communities have already settled on the land, leading to conflicts. This is why we need KDF land protected,” he said.
Vice Chief of Defence Forces John Omenda noted that most military land was initially unfenced, allowing encroachment over time. He added that evictions had become contentious, with some individuals claiming burial rights over disputed land.
“Land is an emotive issue in this country. We also have serious flaws around land management that need to be relooked at. The defence forces need land for training, but when we try to use it, issues arise regarding public land and other factors,” Omenda said.
