The High Court of Kenya has dismissed a petition filed by Kituo Cha Sheria on behalf of survivors and families affected by the August 7, 1998 terrorist bombing of the United States Embassy in Nairobi, ruling that the case lacked sufficient legal merit.

The attack remains one of Kenya’s deadliest terror incidents, killing over 200 people both Kenyans and foreigners and injuring more than 4,000 others. Many survivors sustained life-altering injuries, including blindness, deafness, and severe bone and muscle damage.

The petition, filed in 2021 under case number HCCHRPET/E166/2021, sought compensation from the Government of Kenya. Kituo Cha Sheria moved to court more than two decades after the attack after survivors and affected families, citing lack of legal knowledge and representation at the time, approached the organization for legal assistance.

The matter was heard before Hon. Justice Lawrence Mugambi. Judgment, initially scheduled for November 7, 2025 and later postponed to January 15, 2026, was delivered on January 28, 2026.

In their submissions, the petitioners sought not only compensation but also recognition of their suffering and accountability from the state. They argued that the government failed in its constitutional duty to protect its citizens and that many victims had never received meaningful support despite the immense loss of life, lifelong injuries, and psychological trauma caused by the attack.

In dismissing the petition, the court held that the petitioners failed to demonstrate that the government had prior knowledge or actionable intelligence that could have enabled it to prevent the bombing. Justice Mugambi noted that while the petition relied on several reports, the authors of those documents did not appear in court to testify, rendering the evidence hearsay and legally inadmissible.

“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 judge ruled.

The court further observed that there was no evidence showing that the United States government faulted Kenya for failing to prevent the attack. While acknowledging the gravity of the victims’ suffering, the court emphasized that sympathy could not replace the strict legal requirement for credible and admissible evidence. The burden of proof, Justice Mugambi held, lay with the petitioners a threshold the court found had not been met.

As a result, the petition was dismissed, leaving victims and their families with renewed disappointment and unresolved questions more than 25 years after the tragedy.

Kituo Cha Sheria, through its counsel John Mwariri, expressed disappointment with the ruling and indicated that the organization would pursue the matter before a superior court. Reaffirming its commitment to the survivors and affected families, he said:

“We respect the ruling, but we do not agree with it. Our clients have gone through a lot, and some have even passed away this week after a long struggle. We tabled all the evidence before the court, but we are deeply disappointed. We will pursue this matter in the superior courts.”

For survivors and families who lost loved ones, the ruling went beyond a legal determination, reopening wounds that have remained raw for over 25 years. Some survivors told the court of years of living with disabilities, mounting medical expenses, and lost livelihoods, while families of the deceased said their grief had been compounded by what they view as prolonged neglect by the state.

By; Rony Alal

Kenya’s refugee landscape is at a pivotal moment. With over 860,000 refugees and asylum seekers residing in the country, the need to translate progressive legal frameworks into practical, lived realities has never been more urgent. In quest to find a solution, Kituo cha Sheria convened the “Empowering Refugees: Catalyzing Policy Reform for Refugees’ Right to Work in Kenya” two-day workshop in Naivasha, supported by Heinrich Böll Stiftung, Horn of Africa, where stakeholders unpacked new research conducted by Kituo cha Sheria on promoting refugees’ integration and self-reliance, shared evidence from the field, and charted pathways toward meaningful policy reform.

The workshop highlighted a fundamental contradiction: while Kenya has advanced a more inclusive legal environment anchored in Constitutional guarantees and the Refugees Act, refugees continue to face systemic barriers that prevent them from securing dignified work. The research presented unpacked gaps between law and practice, pointing to contradictions within the Immigration Act, restrictive encampment policies, and delays in documentation, inadequate labour protections, and the absence of clear pathways for skills recognition.

These challenges reflect a national crisis in documentation, with over 200,000 refugees awaiting clearance, their applications stalled. This backlog has denied thousands access to employment, education, and health services, leaving entire families in prolonged uncertainty. The human impact was further illustrated during the workshop through a compelling case study from the International Rescue Committee (IRC), which highlighted the exhausting and often confusing process refugees must navigate to obtain legal identification, KRA PINs, and business registration; all essential prerequisites for formal employment or entrepreneurship.

Similar experiences were echoed by members of the refugee community. According to Deu Kamuzinzi, a refugee and the advocacy lead at Youth Voices Community, the delays in clearing the piling backlog have locked out refugees from contributing to the economy. Lucy Duku, Chairperson of Refugee Women in Nairobi, also emphasized that even highly educated refugee youth remain excluded from professional opportunities due to documentation gaps, noting,

 “Our children were born in this country and have graduated from universities but cannot get jobs as they do not have the necessary documents like KRA PIN.” Lucy Duku, Chairperson of Refugee Women in Nairobi

Deliberations during the workshop highlighted that meaningful integration requires dismantling legislative and administrative barriers that hinder refugees’ right to work. Kituo cha Sheria Chairperson Justus Munyithya reaffirmed the organisation’s commitment to engaging government agencies in reviewing and amending legal and policy frameworks that limit refugees’ access to employment, education, and health services. He emphasized,

“As KITUO, we remain committed to ensuring that legal empowerment and policy reform go hand in hand. Refugees do not just need humanitarian assistance; they need a legal and structural environment that allows them to rebuild their lives with autonomy and confidence.” Mr. Justus Munyithya, Board Chair, Kituo Cha Sheria

According to Dorothy Omboto, lawyer and lead consultant researcher of the launched report, there is a pressing need to abolish work permit requirements for refugees and to recognise refugee IDs as legitimate documentation for employment and business registration, an essential step toward alleviating the systemic frustrations refugees face. She noted that existing laws limit refugee integration and access to decent work due to the cumbersome process of obtaining work permits.

There is a pressing need to align Kenya’s progressive legal commitments with efficient, accessible systems that genuinely uphold refugees’ right to work. Moving forward requires coordinated reforms, institutional efficiency, and a renewed commitment to refugee self-reliance. Unlocking work rights is not just a legal necessity; it is an economic, social, and humanitarian imperative. When refugees are able to work, they support their families, contribute to national development, and strengthen the social fabric of Kenya. Advancing policy reform in a way that is not only enacted but also experienced and felt by refugees is a critical step toward ensuring dignity, opportunity, and meaningful inclusion for all.

By; Rony Alal

In Kenya, civic space has undergone significant changes, often shaped by the way the state allocates and controls funding. These shifts can influence how civil society organizations operate, at times restricting freedoms and affecting public trust. Understanding these dynamics is essential to ensuring that civic engagement remains meaningful and protected from undue influence.

Strong and independent institutions are essential for creating an environment where rights are respected, accountability is upheld, and citizens can participate freely in governance. By reinforcing institutional integrity, societies can build resilient democracies that are inclusive, transparent, and capable of earning public trust.

At the 5th Civil Space Protection Summit held in Nakuru, Kituo cha Sheria Executive Director, Dr. Wambua Kituku, took center stage during the Economics & Institutional Integrity Jam Session, delivering a compelling address on the same theme. Dr. Kituku emphasized that robust, independent institutions are critical to protecting civic freedoms and sustaining public trust noting the critical link between institutional integrity and citizens’ confidence in governance.

 “When institutions operate free from undue influence, they become the backbone of a thriving democracy.” Dr. Wambua Kituku, Executive Director, Kituo cha Sheria

The Annual Civic Space Protection Summit brought together a diverse assembly of delegates from CSOs, NGOs, youth movements, and government agencies under the theme “Reclaiming Civic and Democratic Space Amid Shrinking Freedoms.” The forum provided a critical platform to examine the mounting pressures facing civic freedoms in Kenya, amplify the voices and experiences of human rights defenders, and collectively craft strategies aimed at safeguarding democratic space. It also underscored the urgency of strengthening institutional independence and rebuilding public trust as essential pillars for a vibrant and resilient civic environment.

Drawing from Kituo’s experience in promoting access to justice and defending human rights, Dr. Kituku underscored that safeguarding civic space requires more than legislation; it demands active enforcement, transparency, and mechanisms that hold institutions accountable. He stressed that independent institutions not only protect individual rights but also foster an environment where civic engagement and public discourse can flourish safely.

The session resonated with participants, reinforcing the idea that economic development, public trust, and civic freedoms are deeply intertwined with institutional integrity. By investing in and protecting independent institutions, societies can ensure that civic space remains vibrant, inclusive, and resilient against encroachments.

Kituo cha Sheria proudly joined Kenyans in commemorating 15 years since the promulgation of the Constitution of Kenya, 2010, under the theme “Fidelity to the Constitution; Securing Full Implementation.” Together with our partners, we marked this national milestone at the Methodist Resort with a vibrant celebration graced by former Chief Justice David Maraga, who offered reflections on the country’s progress and the challenges that persist in fully realising the Constitution’s promise.

As part of our legal empowerment efforts, Kituo also hosted a free Legal Aid Clinic at our grounds, culminating in a colourful ceremony presided over by our Board Chairman, Mr. Justus Munyithya. The clinic provided an accessible platform for citizens seeking guidance on matters ranging from land and succession to labour rights, migration, and criminal justice. In addition, we distributed free copies of the Katiba, reaffirming its central role in protecting human rights and empowering citizens to demand accountability.

“As we celebrate Katiba Day, we are reminded that the Constitution’s promise is only fulfilled when every Kenyan especially the poor and marginalized can access justice with dignity. At Kituo cha Sheria, our mission has always been to stand with those left at the margins, empowering communities to know, claim, and defend their rights. Fidelity to the Constitution means turning its words into lived realities, and we remain committed to ensuring that justice is not a privilege for the few, but a guarantee for all.”  Mr. Justus Munyithya, Board Chair, Kituo Cha Sheria

The Katiba@15 commemoration offered a moment of reflection on Kenya’s strides in deepening constitutionalism, strengthening devolution, and operationalizing the Bill of Rights, while also acknowledging persistent gaps in access to justice, public participation, and governance. It was equally a call to action, reminding all actors that the Constitution is not merely a legal document but a living covenant that must be safeguarded, respected, and fully implemented for the benefit of every Kenyan.

Supported by the Mott Foundation and Misereor, this occasion was both celebratory and reflective, a reminder of our collective journey in advancing constitutionalism and empowering communities to defend their rights. At Kituo, we remain steadfast in our mission to ensure that the promise of the Constitution translates into justice, dignity, and equality for all.

By; Rony Alal

In Kenya, countless inmates face a harsh reality: legal problems with nowhere to turn. The judicial process is often prohibitively expensive, lawyers are unaffordable for the majority, and the state frequently fails to provide legal representation. For many, navigating the complexities of the law while behind bars can feel impossible, leaving prisoners vulnerable and their rights unprotected.

It is in this challenging landscape that the critical role of paralegals comes to the fore. Recognizing this gap, Kituo Cha Sheria, with support from the Mott Foundation, has embarked on a series of transformative paralegal trainings across several prisons in Kenya, including Kodiaga Maximum Prison, Chuka Main Prison, Meru Maximum Prison, and Lodwar GK Prison. These trainings aim to equip both inmates and prison officers with essential legal knowledge and practical skills, creating a bridge to justice from within the correctional system.

The sessions cover a broad spectrum of topics, including criminal procedure, the rights of accused persons, fair trial guarantees, legal drafting, and civil law processes as alternative avenues for dispute resolution. Inmates are also sensitized on constitutional rights, with particular attention to the observance of Katiba Day, reinforcing the Constitution’s role in safeguarding rights and promoting justice for all.

Beyond knowledge-sharing, Kituo provides practical resources to support ongoing legal empowerment, including copies of the Constitution of Kenya and the Self-Representation Guide. By equipping inmates with this foundational legal understanding, the trainings foster a more informed and responsible prison community, enabling both inmates and officers to navigate legal procedures effectively and uphold rights.

The impact of these sessions has been profound. Legal awareness is strengthened, self-representation is encouraged, and access to justice is expanded for groups often overlooked within the prison system. The Lodwar GK Prison session, graced by Kituo board member Hon. Justice P.J. Otieno, underscored the power of partnerships in driving meaningful social impact.

Through these initiatives, Kituo Cha Sheria continues to empower local actors, advance community-based justice, and ensure that even within correctional facilities, the fundamental rights and responsibilities of every individual are recognized and upheld.

By; Rony Alal