AfriPulse
The High Court has dismissed a petition filed by survivors and families affected by the 1998 Nairobi bomb blast, dealing a fresh blow to victims who had hoped for compensation and accountability more than two decades after the attack.
In the petition, the victims sought compensation from the government, arguing that the state failed in its constitutional duty to protect citizens. However, the court ruled that the case lacked sufficient legal merit and failed to meet the required burden of proof.
In his decision, High Court Judge Lawrence Mugambi said the petitioners did not demonstrate that the government had prior knowledge of the attack or possessed intelligence that could have prevented it.
“It cannot be established, on the basis of the material placed before this court, that the government was aware of the attack or that it failed to act on any intelligence,” the court ruled.
Justice Mugambi noted that although the victims relied on several reports to support their claims, the authors of those documents did not testify in court. As a result, the evidence amounted to hearsay and could not be admitted under the law.
The judge also observed that there was no proof showing that the United States government faulted Kenya for failing to stop the bombing.
For the petitioners, many of whom continue to live with permanent injuries, trauma and financial hardship, the judgment fell short of the justice they had long sought. Some survivors told the court they have struggled for years with disabilities, rising medical costs and lost livelihoods, while families of those killed said their grief has been deepened by what they view as decades of state neglect.
The court acknowledged the suffering endured by the victims but made it clear that sympathy could not substitute for credible, admissible evidence. The judge reiterated that the law requires petitioners to prove that actionable intelligence existed and that the government failed to act despite being aware of it.
Having failed to meet that threshold, the court dismissed the petition, leaving victims with renewed disappointment and lingering questions nearly three decades after one of Kenya’s deadliest terror attacks.
Kituo cha Sheria, which represented the victims, expressed disappointment with the judgment and said it would move to a higher court in pursuit of justice.
Source: NairobiWire.com | Read the Full Story…
