NAIROBI, Kenya Mar 30 – Survivors and families affected by the Nairobi U.S. Embassy bombing have moved to the Court of Appeal in a renewed bid to secure compensation after their case was dismissed by the High Court.
The group, represented by Kituo Cha Sheria, is seeking reparations for the lasting impact of the attack, including deaths, severe injuries, and long-term emotional and economic suffering.
Their appeal follows a ruling by High Court Judge Lawrence Mugambi, who found that the government could not be held responsible for failing to stop the bombing.
In the appeal, the victims argue that the decision overlooked key evidence suggesting authorities were aware—or should have been aware—of the threat prior to the attack.
They point to intelligence warnings, prior police actions against suspected extremists, and other security information which they say indicated the risk of an imminent attack.
According to the appellants, failure by the State to act on such information contributed to the scale of the tragedy.
The case also raises broader legal questions about the government’s obligation to protect citizens. The victims argue that both constitutional provisions and international legal standards impose a duty on the State to safeguard life and respond effectively to known threats.
They further maintain that victims of large-scale attacks deserve compensation, regardless of whether negligence is conclusively proven, noting that the government can pursue other parties linked to the incident if necessary.
The appellants also argue that previous indications from the government acknowledging the need for compensation created a legitimate expectation among victims that reparations would be provided.
They fault the earlier ruling for not fully considering the depth of harm suffered, including psychological trauma and financial hardship that has persisted for years.
More than two decades since the bombing that devastated Nairobi, survivors continue to seek closure through the courts.
The Court of Appeal is now set to determine whether the victims’ claims will proceed, in a case that could have far-reaching implications for compensation and State accountability in terrorism-related incidents in Kenya.
