Victims of 1998 U.S. Embassy bombing appeal compensation case

Represented by Kituo Cha Sheria, the victims are pursuing reparations for loss of life, serious injuries, and the trauma they have endured for more than two decades.

The High Court, led by Justice Lawrence Mugambi, had ruled against them, holding that the State was not liable for failing to prevent the attack.

In their appeal, the victims argue that the High Court made several errors. 

They argue that the State had actual knowledge or at least should have known about active terrorist cells and the planning of the 1998 attack, citing intelligence reports from the U.S. Embassy, prior police raids on suspects, and other credible sources. 

They contend that the authorities failed to take necessary steps to prevent or mitigate the bombing.

The appeal further highlights that the High Court overlooked the State’s legal duty to protect human life under the Constitution and international law. 

The petitioners argue that the victims are entitled to reparations once harm has occurred, regardless of whether the State’s inaction is proven in court, and that the State could seek compensation from third-party entities involved in supporting the attack.

Lawyers for the victims say the case also involves the State’s prior acknowledgment of an obligation to compensate, which created a legitimate expectation of reparation.

They argue that the High Court failed to fully consider the psychological, physical, and economic harm suffered by the victims and their families.