500 US embassy blast victims sue State for compensation

The government is facing a lawsuit by victims of the August 7, 1998 US Embassy bombing in which they want billions of shillings in compensation.Over 500 victims, including the injured and relatives of those who died in the terrorist attack, filed a petition at the Constitutional and Human Rights Division of the High Court in May this year.Through Kituo Cha Sheria, the victims hope to get justice, which their lead lawyer, John Mwariri, said has eluded them for the past 23 years.This comes barely five months after the US government announced that Sudan had paid $335 million (Sh36.4 billion) to compensate victims of terrorism against US targets.Speaking to the Nation, Mr Mwariri said the petition was filed not only against the State but also the National Intelligence Service, the Attorney-General and the ministries of Defense and Interior.The petitioners say the State, through its agencies, failed to take necessary action to detect, prevent and stop the terrorist attack that claimed 224 Kenyan lives and 12 Americans.“The planning and execution of the attack was very complex and took so long. We have evidence tabled before court showing that one of the terrorists went to the embassy and told them the attack would happen,” Mr Mwariri said.“He was taken to the Kenyan security forces but nothing happened. There was laxity, the State should have foiled this attack.”Previous reports from investigations into the attack showed that the planning and execution of the horrific event began in 1993 and that the intelligence unit must have received information about the planning. The victims also want the court to direct the Attorney-General to present within six months of the judgment the steps the government has taken to file an International Jurisdiction Case for compensation of the victims.Through this, they hope the US government will be invoked to compensate the victims.The petitioners also want a public acknowledgment of responsibility by Sudan and Iran, saying they have reports showing that the two countries provided support to Al-Qaeda, the terrorist group that orchestrated the bombing.From their acknowledgment, it is expected that the two countries will pay compensation to the victims.Considering that 12 US nationals died in the bombing executed on Kenyan soil and Sudan paid a lump sum of Sh36.4 billion, the victims are looking to get substantially more as over 200 locals died in the attack.Sudan released the money upon US demand, as a condition for the country to be removed from the list of sponsors of terrorism. But the money only went to families of US nationals or US Embassy workers killed or injured in the attack.This happened despite the fact that thousands of people were injured when terrorists hit the US Embassy in Nairobi and its embassy in Tanzania on the same day. The US announced that none of the injured citizens of the two countries would get any form of compensation.“It is very saddening that only US nationals and those who worked at the embassy will be the only ones getting compensation. Are we lesser human beings?" said Douglas Sidialo, the chairperson of the August 7, 1998 Association of victims."Yet it was known globally that the target was Americans in the embassy. We should be considered too.”