KHRC Senior Programmer Martin Mavenina, PHP Interim Head Office Suzanne Kidenda and UTU Wetu trust co-founder Lydia Muthiany lead other officials during a press briefing with the media at KHRC offices, Nairobi on April 11, 2025/ LEAH MUKANGAIThe decision by the Court of Appeal to postpone delivery of its judgment has left post-election gender-based violence survivors disheartened and disappointed.
The Civil Appeal No. E645 of 2021 is a partial appeal filed by survivors and civil society organizations against a 2020 High Court decision that denied them redress for sexual violence committed by non-state actors.
The survivors said the delay is “more than procedural, it is deeply personal” and adds to a layer of uncertainty in the legal journey of seeking justice and reparation.
The survivors argued that the government has a responsibility to protect citizens from sexual violence, even when committed by civilians.
In 2020, the High Court issued its judgment in Constitutional Petition 122 of 2013 petition filed in the High Court by eight survivors of sexual and gender-based violence (SGBV) experienced during the 2007-08 post-election period, being six females and two males.
However, only four of the eight were awarded compensation amounting to Sh4 million on the basis that they were violated by police officers.
The other four, whose cases involved gang rape and forced circumcision, were dismissed on the basis that they were committed by civilian perpetrators and lacked formal police reports.
The Court of Appeal was on Friday expected to address whether survivors violated by civilian criminals, and who did not or could not report violations due to several factors, still deserve protection and redress from the state.
The court also sort to address the High Court’s reluctance to issue structural orders that would require the state to establish mechanisms for documentation and reparation for all other victims of sexual violence committed during the post-election violence.
But the adjournment means their case- and ultimately justice will have to wait.
Human rights defenders during a media press briefing at KHRC offices, Nairobi on April 11, 2025/ LEAH MUKANGAIThe survivors have now issued a list of concerns they wish to be addressed.
They are calling for the Court of Appeal to expedite and deliver its judgment in the appeal case without further delay.
“Justice delayed any further will only deepen the harm experienced by victims and survivors,” they said in a statement.
They also want the office of the Attorney General and the Ministry of Interior to disburse funds amounting to Sh16 million in compensation awarded to survivors in the constitutional petition and implementation of Sh10 billion Restorative Justice Fund.
“We also call on the Speaker of the National Assembly to update the country on the status of adoption of the TJRC Report, so as to give effect its full implementation,” they add.
“And for the government to fully implement the Victim Protection Act (2014) and provide sufficient resources and an effective framework to ensure psychosocial support, legal aid, protective services and reparations for all survivors of gross human rights violations.
“Survivors have carried this burden long enough, it is time the nation stands with them,” they said.
