Philip M. Musolino of the Washington law firm of Musolino & Dessel and Danielle Espinet of the Maryland law firm of Rolinski & Suarez met in Nairobi from January 8 through January 12 with many victims of the 1998 Embassy bombing. Over 100 victims and witnesses attended public meetings, and documents were delivered by nearly 100 victims.

The attorneys also met with attorneys from a Nairobi firm which has provided assistance in the past, as well as with Kenyan attorneys who may serve as damages experts. Of particular importance, the firm discussed damages issues with Joan Ngunnzi of the Kenya Teachers Services Commission. Ms. Ngunnzi has graciously agreed to testify on behalf of the victims in the case now pending in the United States District Court for the District of Columbia.

It is important to note that the pending litigation has been filed on behalf of the 523 clients who are and have been represented by Musolino & Dessel. So far as we know, no other claims are pending in any court, though administrative claims may still be pending.

Though our meetings were designed to advance the claims of our own clients, many victims who had not previously filed claims, or who were represented by other law firms, attended and asked if they could participate in the pending litigation. We have agreed to explore the possibility of adding additional plaintiffs to our case, but have not yet reached a final determination as to the feasibility of those requests. As we advised at the meetings, we can take no action at all unless we already represent a victim, or unless we receive written requests to do so. Please, therefore, follow the instructions below after you determine the category into which your claim belongs. Please read the Mwani Complaint to determine if you are a named Plaintiff.

If You Are A Named Plaintiff In Mwani

We already have the Form 95 you filled out in 1998-1999, and our local law firm may have some of the backup information you provided. You should nonetheless download the applicable Damages Declaration by clicking on either the Wrongful Death Declaration or the Personal Injuries and Business Loss Declaration. Please fill it out, bearing in mind that the information must be accurate and will be presented to our federal court, and it must be under oath. Either email the completed form to our offices at Kenya@musolinoanddessel.com, or send it by facsimile to our offices at 1-202-775-7477.

Please advise me if you object to the addition of additional plaintiffs.

If You Were Represented By Another Law Firm

We cannot represent you unless you specifically, in writing: request that we represent you in the Mwani litigation, identify your current counsel, request that we notify your current counsel of your request, and request that we seek from your current counsel your file.

Please be advised that we are not now agreeing to undertake any representation on your behalf. We are not prepared to initiate a new lawsuit. Nor are we certain that the court will agree to add you to the present lawsuit, if we were to file such a motion. Moreover, our current clients have the right to object to the addition of new plaintiffs.

If we elect to act on behalf of new clients, we will do so under a contingency fee arrangement which you will need to sign, and we will do so only under the very limited circumstances I have described above, and such other limitations as may be appropriate.

To expedite the process, you may, nonetheless download the applicable Damages Declaration by clicking on either the Wrongful Death Declaration or the Personal Injuries and Business Loss Declaration. Please fill it out, bearing in mind that the information must be accurate and will be presented to our federal court, and it must be under oath. Either email the completed form to our offices at Kenya@musolinoanddessel.com, or send it by facsimile to our offices at 1-202-775-7477. We will retain the information in confidence, because it is being submitted to us in the course of discussions about the creation of an attorney-client relationship.

If we determine that we cannot represent you, or if the court declines to add you to the pending litigation, we will advise you and give you the option of return of or destruction of your file. It is possible that the information you provide may be helpful in the claims already made by the named plaintiffs in Mwani. But we will use the information you provide only if you agree.

If You Have Not been Represented By Any Attorney

We cannot represent you unless you specifically, in writing, request that we represent you in the Mwani litigation.

Please be advised that we are not now agreeing to undertake any representation on your behalf. We are not prepared to initiate a new lawsuit. Nor are we certain that the court will agree to add you to the present lawsuit, if we were to file such a motion. Moreover, our current clients have the right to object to the addition of new plaintiffs.

If we elect to act on behalf of new clients, we will do so under a contingency fee arrangement which you will need to sign, and we will do so only under the very limited circumstances I have described above, and such other limitations as may be appropriate.

To expedite the process, you may, nonetheless, download the applicable Damages Declaration by clicking on either the Wrongful Death Declaration or the Personal Injuries and Business Loss Declaration. Please fill it out, bearing in mind that the information must be accurate and will be presented to our federal court, and it must be under oath. Either email the completed form to our offices at Kenya@musolinoanddessel.com, or send it by facsimile to our offices at 1-202-775-7477. We will retain the information in confidence, because it is being submitted to us in the course of discussions about the creation of an attorney-client relationship.

If we determine that we cannot represent you, or if the court declines to add you to the pending litigation, we will advise you and give you the option of return of or destruction of your file. It is possible that the information you provide may be helpful in the claims already made by the named plaintiffs in Mwani. But we will use the information you provide only if you agree.

We have a motions filing deadline of January 30, 2007. Though it may not be our last filing in the case, we urge you to act immediately.