On April 7, 2025, editors from leading media houses gathered at the Kenya Human Rights Commission (KHRC) offices for a breakfast briefing on Petition 122 of 2013. The petition, filed in February 2013, seeks justice and reparations for survivors of sexual violence during the 2007–2008 post-election violence in Kenya. It was filed by six women and two men, supported by four organizations—the Coalition on Violence Against Women, Physicians for Human Rights, ICJ-Kenya, and the Independent Medico-Legal Unit. The Kenya Human Rights Commission later joined the case as an interested party. The petition was the first of its kind globally, aiming to hold the Kenyan government accountable for its failure to prevent, investigate, prosecute, and provide reparations for sexual violence committed during a period of conflict.
<blockquote class=”twitter-tweet”><p lang=”en” dir=”ltr”>We’re meeting editors from media houses to brief them on justice and reparations for conflict-related sexual violence and broader human rights violations.<br><br>Our goal is to help them better understand survivors' challenges and encourage more media focus on these issues. <a href=”https://t.co/FUar8FOukv”>pic.twitter.com/FUar8FOukv</a></p>— UtuWetu (@utu_wetu) <a href=”https://twitter.com/utu_wetu/status/1909147956441211019?ref_src=twsrc%5Etfw”>April 7, 2025</a></blockquote> <script async src=”https://platform.twitter.com/widgets.js” charset=”utf-8″></script>
During the 2007–2008 crisis, survivors experienced severe acts of violence, including gang rape, sodomy, forced nudity, and forcible circumcision. In areas such as Kibra, Nakuru, and Naivasha, men were forcibly circumcised using machetes and knives, resulting in permanent injuries. Many of the perpetrators were police officers or members of organized groups, but victims were often unable to identify them. Despite a task force led by Hon. Dorcas Oduor reviewing over 6,800 cases, not a single sexual violence case proceeded to prosecution. Medical records were missing, police reports were unavailable, and victims were discouraged from seeking help. The court noted that the state had actionable intelligence and failed to take preventive measures. There were no emergency hotlines or evacuation plans, and victims were left to suffer in isolation.
On December 10, 2020, the High Court ruled that the state had failed to protect some victims, particularly those harmed by state officers. Three women who were attacked by GSU officers received compensation of Ksh 4 million each. Another woman who was raped by civilians and reported the case to the police also received compensation because the state failed to follow up despite being aware. However, the court declined to hold the government responsible for violence committed by civilians, a decision the petitioners have since appealed. The appeal—Civil Appeal E645 of 2021—was heard on February 4, 2025, and judgment is expected on April 11, 2025.
During the briefing, editors were informed about the broader context of state accountability in Kenya. Petition 122 was filed alongside other cases, including one on police shootings in Kisumu and another concerning internally displaced persons (IDPs). The outcomes in these cases have been disappointing. The courts ruled that the state did not fail in its duty during police operations, and many IDPs remain uncompensated. The failure to provide justice in these cases reflects a larger pattern of state impunity, visible from the Nyayo era, the 2007–2008 violence, the Baby Pendo case in 2017, and the more recent 2022 and 2024 protests. In all these instances, the state has not been held fully accountable, and victims continue to suffer without recognition or support.
Although former President Uhuru Kenyatta publicly apologized to victims in his 2015 State of the Nation Address and established a 10-billion-shilling Restorative Justice Fund, the fund remains inactive. Reparation regulations were developed but have not been implemented, partly due to changes in leadership within the Attorney General’s office. Meanwhile, victims who were awarded compensation by the courts have not received payment, even though the Attorney General and the Ministry of Interior were served with certificates of costs. With every delay, the compensation owed to victims continues to accumulate interest at a rate of 14 percent annually.
Wema Toywa, an editor from Ghetto Radio. See the story she published below