A Kenyan Court Rejects the 1998 Nairobi Bombing Victims’ Compensation Claim

A Kenyan court has rejected a compensation case filed by victims and families affected by the August 1998 bombing of the United States embassy in Nairobi.

The attack killed more than 200 people, including 12 Americans, and injured thousands, most of them Kenyan citizens. A second explosion occurred almost at the same time outside the US embassy in Dar es Salaam, Tanzania. In a ruling delivered on Wednesday, the court said there was not enough evidence to support claims that the Kenyan government failed to act on intelligence warnings ahead of the attack.

Judge Lawrence Mugambi stated that the petitioners had argued the government ignored prior intelligence and failed to address border and immigration weaknesses that allowed dangerous individuals to enter the country unnoticed.

However, he said the claimants were required to prove, on a balance of probability, that specific intelligence existed and that the state failed to respond to it. The judge acknowledged that the government has a duty to take positive steps to protect the right to life. But he added that allegations of constitutional violations against the state must be backed by clear proof.

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