Victims of 1998 Nairobi U.S. embassy bombing renew compensation battle

Survivors and families affected by the 1998 bombing of the U.S. Embassy in Nairobi have renewed their push for compensation, moving their case to the Court of Appeal after a High Court dismissal.

The group, represented by Kituo Cha Sheria, argues that the Kenyan government failed in its duty to protect citizens despite prior intelligence warnings. The appeal marks another chapter in a legal battle spanning more than two decades since the attack.

In an earlier decision, High Court Judge Lawrence Mugambi ruled that the government could not be held liable for failing to prevent the bombing. However, the appellants argue that the ruling overlooked critical evidence pointing to prior knowledge of the threat.

Appeal raises questions on state responsibility

According to court filings, intelligence reports, police actions against suspected extremists and other security alerts indicated a risk of an imminent attack. The victims argue that authorities either knew or should have known about the danger but failed to act.

The appeal raises broader legal questions about the government’s responsibility to safeguard its citizens. The victims argue that both constitutional obligations and international legal standards require the State to take preventive action when credible threats emerge.

They also maintain that compensation should not depend solely on proving negligence. Instead, they argue that victims of large-scale attacks deserve reparations due to the magnitude of harm suffered.

The appellants further claim that previous government statements acknowledging the need for compensation created a legitimate expectation among victims. They say the High Court failed to fully consider the lasting psychological trauma and economic hardship endured by survivors and affected families.

The 1998 bombing, which killed more than 200 people and injured thousands, remains one of Kenya’s deadliest terrorist attacks. For many victims, the pursuit of justice has become a prolonged struggle for recognition and closure.

The Court of Appeal is now expected to determine whether the case will proceed, a decision that could shape future claims involving state accountability in terrorism-related incidents across Kenya.