US court opens doors to Kenya terror bomb victims
Diana Mwangi places a wreath of flowers at the Bomb Blast Memorial Park in Nairobi. She was seven years old when her mother died in the blast. A US federal judge recently ruled that a trial should be held to determine whether some 700 Kenyan victims of the 1998 attack are entitled to damage payments. Photo/FILE
It’s taken more than 11 years, but Kenyans harmed by the Nairobi embassy bombing will soon be able to present their case for compensation in a United States courtroom.
US federal Judge Colleen Kollar-Kotelly recently ruled that a trial should be held to determine whether some 700 Kenyan victims of the 1998 attack are entitled to damage payments.
Under the judge’s January 7 order, a small representative group of Kenyans would present arguments on why at least $11.3 million (Sh848m) in seized Al Qaeda assets should be used to compensate all those who joined in a lawsuit filed by Washington attorney Philip Musolino.
Judge Kollar-Kotelly’s ruling should be seen as a “procedural breakthrough” in the battle to compensate Kenyans maimed, bereaved or financially damaged by the destruction of the US embassy, Mr Musolino said. All previous efforts in the US legal system to gain monetary relief for the bomb victims had ended in failure.
Mr Musolino termed last weekend's decision as “very encouraging,” and suggested that the trial could get under way in Washington by next September.
Judge Kollar-Kotelly ordered Mr Musolino to file a report by March 12 proposing procedures for the trial and indicate how many Kenyans may travel to the United States to take part.
Legal issues
Some complex legal issues remain to be addressed in the case, particularly the question of whether American, Kenyan or international law should apply. In accordance with Judge Kollar-Kotelly’s ruling, it will be up to a magistrate judge to determine how damages should be awarded.
Mr Musolino said he does not expect the Obama administration to oppose the effort to gain access to $11.3 million in Al Qaeda funds that had been blocked by the United States as of 2007. The attorney added that he may soon travel to Nairobi to arrange for a few of his clients to testify in the trial.
