Victims of 1998 US Embassy Bombing Move to Court of Appeal in Renewed Push for State Compensation
Survivors and families of those killed in the 1998 Nairobi US Embassy bombing have filed an appeal at the Court of Appeal seeking compensation from the Kenyan government. The move challenges a recent High Court decision that dismissed their claims and absolved the State of any liability for the deadly terror attack.
The appellants, represented through the legal aid organisation Kituo Cha Sheria, argue that the government failed in its duty to protect lives and property. They claim this failure occurred despite prior intelligence warnings and known terrorist activities in the country at the time.
In their appeal papers, the victims state that the State had actual knowledge, or ought to have had knowledge, of the planned attack. They accuse authorities of failing to take reasonable steps to prevent or minimise the harm that followed. The group points to intelligence reports shared with Kenyan officials, previous police operations against terror suspects, and other security warnings that indicated an imminent threat.
The appeal faults the High Court ruling delivered by Justice Lawrence Mugambi. The victims contend that the judge erred in concluding that the State could not be held responsible for not preventing the bombing. They argue that the court did not properly interpret the State’s obligations under the Constitution and international law to safeguard human life, dignity, and security.
Once harm occurred, the victims maintain they became entitled to reparations. They add that the State could then pursue any third parties involved in the attack. The appellants further highlight that the government had previously acknowledged an obligation to compensate them, which created a legitimate expectation that reparations would be paid.
The petition emphasises the long-term suffering endured by survivors and bereaved families. This includes ongoing trauma, permanent injuries, loss of livelihoods, and the deaths caused by the blast. The victims insist that the High Court did not adequately consider these impacts when dismissing their case.
The 1998 bombing of the United States Embassy in Nairobi took place on August 7, 1998. A truck loaded with explosives detonated outside the embassy building in the central business district after attackers posing as couriers were denied entry. The attack killed more than 200 people and injured thousands, marking one of the deadliest terror incidents in Kenya’s history.
The bombing, carried out by the Al-Qaeda terror network, was coordinated with a simultaneous attack on the US Embassy in Dar es Salaam, Tanzania, on the same day.
Over the years, victims and their families have pursued multiple legal avenues for compensation. They have argued that both the Kenyan and US governments failed to act on intelligence warnings that could have prevented the tragedy. The latest High Court petition was filed in 2021, and its dismissal has now prompted this appeal to the higher court.
The case continues to draw attention to the unresolved quest for justice and reparations for those affected by the attack nearly three decades ago. The Court of Appeal is expected to hear the matter in due course.