Fresh Hope for Blast Payout

Fresh Hope for Blast Payout

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Kevin J Kelley

6 August 2010


Nairobi — The US government could pay Sh880 million ($ 11 million) to 6,000 victims of the 1998 terrorist attack in Nairobi, if a judge rules in their favour.

Mr Philip Musolino, the Washington lawyer representing the survivors, said on Thursday a judge may order more than $11 million in damage payments before the end of this year.

"I don't know how to thank people for their patience after 12 years," said Mr Musolino. "But there really is light at the end of the tunnel now."

The victims were blinded, maimed or bereaved by the attack on the American embassy, 12 years on Saturday.

He said some of the survivors, including those financially harmed by the attacks, will likely be asked to give testimony via a video link from Nairobi later this year.

"Our clients will finally get a chance to explain face-to-face what their damages have been," the lawyer said.

Mr Douglas Sidialo lost his sight in the attack, and remains hopeful that the lawyer will succeed in the quest.

Justice John Facciola, who has been assigned the case, had earlier planned to travel to Kenya to take testimony from victims, but security concerns led to a decision to hold the trial in Washington, beginning probably in November.

"The only difficult decision for the judge is to decide whose damages law to apply--Kenya's or the United States's?" Mr Musolino said.

Some of the money to settle the claims could come from seized al Qaeda assets. Mr Musolino and other lawyers representing Kenyan clients have maintained that American officials knew that an al Qaeda cell was operating in Nairobi yet did nothing to bolster security at the embassy, which should have been seen as a likely target of a terrorist attack.

This position has been backed by the former US ambassador, Ms Prudence Bushnell, who recently revealed she was reprimanded by her superiors for raising concerns about the security of her embassy and staff.

Ms Bushnell charged that her bosses dismissed her in the belief that "Nairobi was a backwater, so why would anyone bother to blow it up?"

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