Survivors of sexual and gender-based violence during Kenya's 2007–08 post-election turmoil have approached the Supreme Court, seeking recognition and reparations equal to those granted to other victims of political violence.

Nearly 13 years after the violence, the survivors, including children born from these attacks who are now adults, continue to demand accountability and constitutional protection. They challenge the State's failure to investigate, prosecute, and provide remedies for widespread sexual violence committed during the crisis.

Legal Challenge on Selective Justice

The petition, filed as Petition No. E041 of 2025, is supported by eight survivors alongside groups such as the Coalition on Violence Against Women (COVAW), Independent Medico-Legal Unit (IMLU), and the Kenya Human Rights Commission (KHRC). It contests the ongoing exclusion of sexual violence survivors from justice mechanisms that have compensated other victims of political violence.

Key issues raised include:

  • Whether survivors of conflict-related sexual violence are entitled to the same constitutional protections and reparations as other political violence victims.
  • The State's obligation to investigate historical abuses and provide effective remedies without discrimination.
  • Addressing the disparity in justice between survivors attacked by state agents and those targeted by civilian militias.
  • The right of survivors to receive remedies even if they were unable to report crimes amid the chaos and trauma of the violence.

Calls for Accountability and Reform

The petitioners highlight that the Court of Appeal erred in limiting liability to violations by state actors only, excluding those committed by civilians. They also emphasize the Independent Policing Oversight Authority's (IPOA) statutory role in investigating unresolved police misconduct from that period, a mandate they say has been neglected.

Lawyer Willis Otieno commented, "No investigations have commenced 13 years later. Constitutional accountability cannot hinge on expecting traumatised survivors to fulfill impossible tasks while state security organs remain inactive."

Demands for Comprehensive Remedies

Survivors seek:

  • Compensation tailored to their experiences.
  • Rehabilitation services.
  • Public acknowledgment and official apologies.
  • Structural reforms to prevent recurrence and ensure accountability.

The case also urges the judiciary to expedite constitutional human rights cases involving sexual and gender-based violence survivors, addressing systemic delays that hinder timely justice.