Blow to 1998 Bomb last Victims as Court Dismisses Compensation Claims

Victims of the 1998 Nairobi bombing at what was then the US Embassy have faced a setback after the High Court dismissed a petition seeking compensation and the establishment of a commission of inquiry into the incident.

The court stated that the applicants failed to demonstrate that the state neglected its duty to prevent the attack.

In a ruling delivered on Wednesday, January 28, 2026, Justice Lawrence Mugambi concluded that the petition, filed in 2021, lacked merit and failed to demonstrate that the government was at fault.

Court Dismisses Compensation Petition by Victims of the 1998 Bomb Blast

Justice Mugambi stated that the petitioners claimed the State overlooked multiple early warnings and did not take action to prevent the attack, despite the threat being either known or should have been known.

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However, the judge determined that the petitioners had the responsibility to prove their case and had not fulfilled this requirement.

“The obligation placed on the State is clear. The State must take positive steps to prevent violations of the right to life,” said the judge.

He also pointed out that according to the Evidence Act, “the burden of proof rests on the individual who seeks the court’s belief in the truth of facts,” stressing that the petitioners needed to show, on a balance of probabilities, that specific intelligence was available and that the government did not act on it.

At the same time, the judge noted that the petitioners based their claims on works by various authors as their supporting evidence.

Court States that the Petitioners Based Their Claims on Various Authors

Additionally, Justice Mugambi stated that none of the authors of those publications were called to testify, labelling that evidence as hearsay.

“The authors of these reports and publications were neither caused to testify, nor did they file affidavits indicating the contents of those reports on alleged prior intelligence information. The facts they relied upon to arrive at the conclusion of those reports cannot be verified either. Basically, it is hearsay evidence,” the Judge stated.

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Lawyers representing the petitioners have vowed to appeal the ruling at the Court of Appeal.

The August 7, 1998, bombings were coordinated al-Qaeda attacks on the US embassies in Nairobi,  and Dar es Salaam, Tanzania, carried out during mid-morning hours.

The attacks killed 224 people and injured more than 4,500. In Nairobi, about 213 people, mostly Kenyan civilians, were killed and up to 5,000 wounded, while 12 Americans died. In Dar es Salaam, 11 people were killed and up to 100 were injured. The former U.S. Embassy site in Nairobi is now the August 7th Memorial Park, commemorating the victims.

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Victims of the 1998 bomb last in a court room session. PHOTO/K24