More than a decade since the 2007-2008 post-election violence in Kenya, survivors of sexual and gender-based violence continue to face exclusion from reparations and justice, women's rights organisations report.
The Coalition on Violence Against Women (COVAW), alongside the Independent Medico-Legal Unit (IMLU), Physicians for Human Rights (PHR), ICJ Kenya, Utu Wetu Trust, and the Kenya Human Rights Commission (KHRC), have jointly called for urgent action to address the plight of survivors who have waited nearly 13 years for recognition and compensation.
Legal Challenges and Unequal Treatment
The groups have filed a petition challenging the State's response to the sexual violence during the post-election crisis. The petition highlights how survivors have been excluded from reparations programs that benefited other victims of political violence.
According to the petitioners, this exclusion violates constitutional guarantees of equal protection, dignity, and access to justice. A Court of Appeal ruling had granted compensation to four survivors assaulted by State security officers or who reported their assaults. However, four others were denied compensation on grounds that they were attacked by civilian militias or did not report the incidents to police.
The petitioners argue this distinction creates an unconstitutional "hierarchy of victims," questioning whether survivors should be treated differently based on the perpetrators or reporting status.
Demand for State Accountability
Survivors are also contesting the use of civil tort standards rather than international human rights obligations in assessing State responsibility. They contend that the government had prior intelligence about the risk of widespread sexual violence and failed to take adequate protective measures.
The role of the Independent Policing Oversight Authority (IPOA) in investigating historical police misconduct related to the 2007-2008 violence has also been called into question.
Legal counsel Willis Otieno emphasized the ongoing lack of effective remedies, stating, "No investigations have ever commenced 13 years later. Constitutional accountability cannot be conditional on expecting traumatised survivors to perform impossible tasks while state security organs stood by."
Calls for Inclusive Reparations and Judicial Prioritization
The coalition urges the government to incorporate survivors of conflict-related sexual and gender-based violence into national reparations programs. They also seek the involvement of survivors and survivor-led groups in designing and implementing compensation frameworks.
Additionally, the organisations call for enhanced institutional accountability and stronger oversight of agencies handling historical violations.
Recognizing the challenges within Kenya’s justice system, including case backlogs and recent lawyer withdrawals, the groups appeal to the Judiciary to prioritize constitutional human rights cases involving survivors to improve access to justice.
Ultimately, survivors demand comprehensive remedies including compensation, rehabilitation, public acknowledgment, official apologies, and structural reforms to prevent future violations.
