Blow to 1998 bomb blast victims as court dismisses their quest for compensation
A Nairobi High Court has dismissed a petition against the government of Kenya filed by the families of victims and survivors of the 1998 US Embassy bombing, claiming that it was as a result of government negligence.
The U.S. Embassy bombing by the Al-Qaeda terrorists left 201 people dead and thousands of others with injuries and psychological trauma.
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Delivering the judgement on Wednesday, January 28, 2026, Justice Lawrance Mugambi dismissed the petition, stating that the petitioners relied on publications by different authors as their evidence.
Further, Judge Mugambi stated that none of the authors of the said publications were presented as witnesses, terming 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,” Justice Mugambi ruled.
Did not prove negligence
In addition, the court also stated that the petitioners did not provide the court with evidence showing that prior to the attack, the government of Kenya had received intelligence of the intended attack and neglected to act on it.
“Without evidence that establishes the government’s failure to take reasonable steps to stop the U.S. embassy terrorist attack in August 1998, the substance upon which the petition is founded cannot hold; the violations of constitutional rights are either state-dependent or proof of their credibility. Therefore, the petition lacks merit and is dismissed for lack of merit,” Justice Mugambi ruled.
“The petitioners’ arguments remain the same; the court finds that both the petitioners failed to prove that the government acted in a manner to assert the rights of the persons who died in the bomb attack, yet there is no liability on the part of the government,” Judge Mugambi added.
Notably, Judge Mugambi has also stated that the court cannot rely on judgements delivered by the United States of America courts on the same matter, stating that after perusing them, no single judgement faulted the Government of Kenya on the Al-Qaeda terrorist attack.
The court also noted that the American courts placed the responsibility of the embassy attack in Nairobi on the Republic of Sudan.
“In my view, the U.S. statement to the report cannot be relied upon as substantive evidence to prove disputed evidentiary facts that the government of Kenya failed to act on prior intelligence,” Justice Mugambi ruled.
“In any event, I have gone through the three statements carefully, and I do not find anywhere where the American courts may be finding the government of Kenya liable for negligence or complicity in the U.S. embattling terrorist attacks by al-Qaida terrorists. Indeed, despite annexing the three statements, the petitioners did not find any such finding against the government of Kenya in any of the American court statements. All that was clear was that the American courts clearly placed the responsibility of the attack on the Republic of Sudan,” Judge Mugambi added.
