A virtual court session on Tuesday was abruptly interrupted when unknown individuals flooded the screen with explicit adult content. The session was hearing a high-profile appeal related to sexual violence cases from Kenya’s 2007-2008 post-election crisis.
The intrusion occurred during proceedings at the Court of Appeal, where survivors of election-related sexual and gender-based violence (SGBV) were seeking justice. Among the explicit materials displayed was a disturbing image of a man engaged in inappropriate behavior. The unexpected breach momentarily halted the hearing, leaving Court of Appeal Judge Daniel Musinga visibly disturbed.
“It is deeply unsettling and very disturbing for such grotesque images to be thrust upon a courtroom, particularly when we are dealing with matters as serious as sexual violence,” Justice Musinga remarked.
As a response, the court directed that a new link be issued only to the advocates representing the parties, ensuring that such an incident would not recur.
The case before the appellate court involves survivors of the 2007-2008 post-election violence, who suffered various forms of sexual and gender-based violence, including rape, gang rape, sodomy, defilement, forced pregnancy, forced circumcision, and mutilation.
Following the disputed general elections in December 2007, widespread violence erupted across Kenya. The civil unrest lasted from late December 2007 to March 2008, during which numerous individuals were subjected to brutal attacks. A group of survivors, alongside human rights organizations, petitioned the constitutional division of the High Court, arguing that the state failed to prepare adequately for the anticipated unrest. They accused the government of failing to provide policing responses that could have mitigated the violence and of neglecting to offer effective remedies to survivors.
The petitioners further alleged that some acts of SGBV were perpetrated by security officers who lacked discipline and proper supervision during the period of unrest.
In response to these allegations, the state maintained that law enforcement agencies did their best to protect victims given the resources available at the time. The government also argued that those requiring medical attention received treatment.
However, in a ruling by High Court Judge Weldon Korir, it was determined that the state had violated the constitutional rights of some petitioners by failing to arrest and prosecute perpetrators where evidence was available. As a result, four of the eight survivors were awarded Ksh 4 million each in damages.
Despite the disruption caused by hackers, the case remains a crucial legal battle for justice and accountability for survivors of election-related sexual violence.
