The discussion of this kill is similar to the suicide bomber on the subway early in the season. It's not that Jack launched the Drone he was trying to stop the drone so for the purposes of the website I'm not going to count them as "bauer kills" on the site. It's very sad those people lost their lives and Jack wasn't able to save them 100%.
I look at it in the similar way as Gial in season 3 in the hotel. He was trying to stop the gas from getting into the ventilation system but even that he failed I wouldn't say that he killed them either.