The US Embassy in Nairobi all but stopped operations during the pandemic causing a terrible backlog. This is understandable. However, instead of putting a notice on their website to inform applicants that the next available visa interview date is 18 months away, (26th September, 2023 as at the date of this petition) they have crafted their online application system in such a way that paying for the visa interview is a prerequisite to choosing a visa interview date.

The only grounds they are accepting for expedited visa interviews are death of loved one who's in the States (it's not so important to see them while they are alive) seeking medical attention, professional services that are critical to the operations of a US firm or benefit the USA and threat of losing a scholarship.

When you call or email them to ask why they did not give notice that they are unable to grant an interview within a reasonable time or whether they can refund the money, they tell you that you consented to paying the money and not ever getting a refund and that therefore this is contractual justice. I think it is not contractual justice due to the power imbalance between an individual and an Embassy. Additionally, there is asymmetrical knowledge. The Embassy knows something that you do not and is withholding that information based on which you could have made a more informed decision. 

Coming from a country that has positioned itself in the world as a champion for human rights and justice, this is contradictory. I am in the process of gathering information on how many Kenyans pay for visas and do not receive services everyday. But just for argumentation purposes, assuming 50 people pay $160 everyday for the visa interview, the total revenue from this easily reaches one million Kenya Shillings or $10,000 per day for services not rendered. 

The Kenyan Government should intervene to create a more balanced relationship between the US Embassy in Nairobi and Kenyan citizens.