Victims of sexual violence during Kenya’s 2007/08 post-election violence (PEV) have expressed deep frustration over yet another delay in the delivery of judgment by the Court of Appeal. Originally scheduled for April 25, 2025, the ruling has now been postponed for the second time, following an earlier delay from April 11, 2025. For many victims, this latest setback represents another blow in their lengthy pursuit of justice, which has spanned more than 12 years.
The appeal case, stemming from constitutional petition 122 of 2013, involves eight survivors of sexual and gender-based violence (SGBV) during the post-election chaos. Of the survivors, six are women, and two are men. The violence they endured ranges from gang rapes allegedly committed by police officers and civilians to forced circumcision by ethnic militias. The petitioners contend that the state failed to investigate or prosecute the perpetrators, leaving many victims without recourse.
In a statement, survivors and interested parties expressed their dismay, emphasizing that after over 17 years, the delay is yet another painful reminder of the failure of the judiciary and the government to deliver justice. They have called on the media and the public to scrutinize the responses of the judiciary and the government to these gross human rights violations.
In 2020, the High Court issued a ruling in favor of four survivors, awarding each Sh4 million in compensation for violations committed by police officers. However, the cases of the other four survivors were dismissed due to the involvement of civilian perpetrators and a lack of formal police reports. The Court of Appeal’s pending ruling will address whether survivors violated by civilians who faced challenges such as trauma, displacement, and a breakdown in law and order still deserve state protection and redress.
The appeal is also expected to address the High Court’s reluctance to issue structural orders that would establish mechanisms for documentation and reparations for all PEV victims, highlighting the need for a comprehensive approach to justice for sexual violence survivors.
