The High Court has dismissed a petition filed by victims and families affected by the 1998 bomb blast, who were seeking compensation from the government, ruling that the case lacked merit.

In its judgment, the court held that the petitioners failed to prove that the government had prior knowledge or actionable intelligence about the impending attack and neglected to act on it.

The judge noted that although the petitioners relied on several reports to support their claims, the authors of those reports did not testify in court, rendering the documents hearsay and of no evidentiary value.

“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.

The judge further observed that there was no evidence to show that the United States government faulted the Government of Kenya for failing to prevent the attack.

The court emphasized that the burden of proof rested with the petitioners, who were required to demonstrate that the government had received actionable intelligence and failed to act despite being aware of it. This legal threshold, the court found, was not met.

The petitioners had argued that the government failed in its constitutional duty to protect its citizens and prevent the attack.

They also told the court that despite the immense loss of life, injuries, and long-term suffering caused by the bombing, they had not received adequate compensation, prompting them to seek relief from the court.

However, the court concluded that while sympathy for the victims was warranted, it could not substitute for credible and admissible evidence required to establish state liability. Consequently, the petition was dismissed.