STRATEGIC IMPACT LITIGATION

The legal cases Utu Wetu has been involved in illustrate how violence, particularly sexual and gender-based violence (SGBV), is not an isolated event but part of a broader system of oppression and impunity. The concept of the continuum of violence helps explain how injustices persist across different contexts. Political, legal, corporate, and social, reinforcing each other over time. From election-related sexual violence to institutional negligence in reproductive health rights, the cycle remains unbroken when state and societal structures fail to deliver justice.
Petition 122 of 2013, which seeks accountability for post-election sexual violence, is a clear example of how state-sanctioned violence operates within this continuum. During political crises, security forces, who are supposed to protect civilians, become perpetrators, using sexual violence as a weapon. The lack of justice for survivors extends beyond the election period, creating a reality where sexual violence is normalized, and victims are left without redress. Similarly, in the Baby Pendo case, the use of excessive force by the police against civilians, resulting in the killing of an infant, highlights the deep-rooted impunity within state security institutions. Both cases show that when the state fails to hold its own accountable, it emboldens further violations in different contexts.
Beyond state-perpetrated violence, institutional failures also play a critical role in sustaining oppression. The CRR case, which focuses on reproductive health rights violations, reveals how the denial of essential healthcare services can be a form of structural violence. Women’s bodies have historically been sites of control, whether through restrictive laws or through the negligence of policymakers. Likewise, the Chebochok case exposes corporate and institutional injustices, where governance structures prioritize profit and power over ethical responsibility. The failure of corporate actors to uphold human rights principles mirrors the impunity seen in state institutions, showing how economic violence is deeply connected to other forms of oppression.
Legal processes, when flawed, further contribute to this continuum. The Kibera case, where judicial failures led to the acquittal of a defilement suspect, demonstrates how procedural gaps and victim-blaming narratives create barriers to justice. When the legal system does not take SGBV cases seriously, it signals to perpetrators that such acts can continue without consequence. However, the Ruiru case resulted in a conviction and represents a shift in this cycle. It shows that when survivors receive support and legal structures function effectively, justice can be served, breaking the pattern of impunity.
These cases are not separate instances of injustice but interconnected struggles within a system that allows violence to thrive. The failure to address impunity in one area inevitably fuels its persistence in another. Election-related sexual violence, police brutality, reproductive health violations, and legal gaps in SGBV cases all exist within the same ecosystem of structural and systemic violence. The continuum of violence framework makes it clear that breaking this cycle requires not just individual legal victories but a fundamental shift in how justice is approached, ensuring that accountability is not selective but comprehensive.