Court delay deepens pain for 2007-08 post-poll GBV survivors
While the appeal was expected to provide clarity and hope, the postponement has instead caused new pain.
Survivors of sexual violence from the 2007-08 post-election period were left frustrated and heartbroken after the Court of Appeal delayed delivering a long-awaited judgment in a case that has come to represent their years-long search for justice.
The case, filed under Civil Appeal No. E645 of 2021 was brought by survivors and civil society groups seeking to overturn parts of a 2020 High Court decision that denied redress to victims of sexual violence committed by civilians. While the appeal was expected to provide clarity and hope, the postponement has instead caused new pain.
For many survivors, the court’s decision to adjourn the ruling is not just a legal matter — it is a deeply emotional setback. “The delay is more than procedural; it is deeply personal,” they said in a statement, describing how it adds to the uncertainty they’ve faced for over a decade.
The survivors maintain that the government bears responsibility for protecting citizens from acts of sexual violence, regardless of whether the crimes were committed by civilians or law enforcement.
The journey to this point began in 2013 when eight survivors — six women and two men — filed Constitutional Petition No. 122 in the High Court. They detailed horrific experiences of sexual and gender-based violence, including gang rape and forced circumcision, during the post-election violence.
Compensation
In its 2020 ruling, the High Court awarded compensation of Sh4 million to four of the survivors. These individuals had been violated by police officers. However, the remaining four were denied compensation. Their cases, involving crimes committed by civilians, were dismissed due to the absence of formal police reports and the fact that the perpetrators were not state actors.
Friday’s expected judgment by the Court of Appeal was supposed to tackle key questions: whether survivors assaulted by civilians — and who were unable to report the violations for various reasons — are still entitled to state protection and justice. The court was also to address the High Court’s refusal to issue structural orders that would compel the government to put in place systems for documenting and compensating all victims of sexual violence from that period.
But with the adjournment, the survivors must now continue waiting, unsure when their quest for accountability and healing will resume.
They have since raised several demands aimed at moving the process forward. First, they are urging the Court of Appeal to issue its ruling without any further delays. “Justice delayed any further will only deepen the harm experienced by victims and survivors,” they said.
They are also calling on the Attorney General and the Ministry of Interior to release the Sh16 million compensation that had already been awarded to some of the survivors in the constitutional petition. Additionally, they want the government to activate the Sh10 billion Restorative Justice Fund, which is meant to support those affected by past injustices.
Another key demand is for the Speaker of the National Assembly to update Kenyans on the progress of implementing the Truth, Justice and Reconciliation Commission (TJRC) Report. Survivors believe that its full adoption would be a major step toward accountability and closure.
They further want the government to fully enforce the Victim Protection Act of 2014. According to them, there is a need for sufficient funding and a functional system that guarantees psychosocial support, legal aid, protective services, and proper compensation for all victims of serious human rights abuses.
“Survivors have carried this burden long enough; it is time the nation stands with them,” they said, underscoring the weight of the pain they continue to bear while justice remains out of reach.
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