Seeking Accountability for Sexual Violence During Periods of Unrest in Kenya

by Yvonne Oyieke, Executive Director of Utu Wetu

Kenya has a history of violence during elections since 1992, when we held our first multi-party ballot. In December 2020, the High Court in Kenya delivered a landmark judgement in the Constitutional Petition 122 of 2013 (The COVAW Case). The court found the Government of Kenya responsible for failing to conduct independent and effective investigations and prosecutions of SGBV [sexual and gender-based violence] related crimes during the post-election violence in 2007.

Four of the eight individual petitioners who suffered direct violations at the hands of the state were each awarded compensation of KES 4 million (approximately USD 35,000) for the violation of their constitutional rights to life, freedom from torture, inhuman and degrading treatment, and the security of the person. This judgment marked the first time that post-election sexual violence in Kenya was legitimately recognised by the government and that survivors were awarded compensation for the harm they suffered.

However, four years after the High Court’s decision, the petitioners are still waiting for the implementation of this judgment. Efforts continue to be made to request the Ministry of Interior to release the necessary funds and facilitate the compensation of these survivors for the violations they experienced. In 2021, a partial appeal challenging the lower court’s decision to only consider state liability with respect to direct action by its agents was filed on behalf of the four petitioners who were not awarded compensation. Despite several communications to the Registrar and President of the Court of Appeal of Kenya, the matter is yet to be set for hearing. This is nearly three years after the filing of the appeal.

Accountability has been slow in this respect, but we continue to advocate and engage relevant government representatives so that the petitioners can receive their compensation and that the appeal can be set down for hearing, in the quest for justice.

This article was first published in the Community Corner of our Just Reparation newsletter. These contributions are invaluable in enriching our collective understanding and fostering meaningful dialogue within the reparation community of practice. If you would like to be featured, we encourage you to submit your contributions to [email protected].