Survivors of sexual violence during Kenya’s 2007-08 post-election crisis have petitioned the Supreme Court to address their prolonged exclusion from justice and reparations. Nearly 13 years after the initial violence, they argue that while other victims of political violence have received recognition and compensation, survivors of sexual and gender-based violence remain sidelined.

The petition, filed as Supreme Court Petition No. E041 of 2025, highlights the State’s failure to prevent, investigate, and prosecute widespread sexual violence during the post-election period. It also challenges the lack of effective remedies for survivors, including children born from these assaults who have now reached adulthood.

Key Issues in the Petition

  • The petitioners contest a Court of Appeal ruling that awarded compensation only to survivors attacked by State security officers or those who reported the violence, while denying it to others assaulted by civilian militias or unable to report due to insecurity.
  • They argue this creates an unconstitutional hierarchy among victims based on the perpetrator’s identity or the survivor’s ability to report crimes amid trauma and chaos.
  • The appeal calls for adoption of international human rights standards, shifting the burden onto the State to prove preventive measures were taken once prior knowledge of impending violence is established.
  • Survivors should not be denied remedies for failing to report crimes during the violence, citing trauma, insecurity, and alleged police complicity.
  • The case also seeks accountability from the Independent Policing Oversight Authority (IPOA) for neglecting to investigate historical police misconduct linked to the violence.

Calls for Justice and Reform

Lawyer Willis Otieno emphasized the ongoing denial of effective remedies, noting no investigations have commenced even after more than a decade. The petitioners seek compensation, rehabilitation, public acknowledgment, an official apology, and institutional reforms aimed at addressing past injustices.

This legal action coincides with Kenya’s development of a national compensation framework under the Presidential Working Group led by Professor Makau Mutua. The petitioners urge that survivors of conflict-related sexual and gender-based violence be explicitly included to avoid exclusion from future reparations.

Survivors expressed hope that the Supreme Court will finally acknowledge their suffering and deliver justice. One survivor said, “I have carried this pain for many years. I pray that this case will finally bring justice, not only for me, but for all survivors who have been waiting to be seen and heard.”

The petition is supported by eight survivors alongside organizations including the Coalition on Violence Against Women (COVAW), Independent Medico-Legal Unit (IMLU), Kenyan Section of the International Commission of Jurists (ICJ Kenya), Physicians for Human Rights (PHR), Utu Wetu Trust, and the Kenya Human Rights Commission (KHRC).