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Survivors of 2007–08 sexual violence finally compensated after 13 years

Survivors of 2007–08 sexual violence finally compensated after 13 years
Protesters demonstrate with sticks and hammers during post-election disturbances in the Mathare slum of Nairobi, Dec. 30, 2007. PHOTO/VOA
In Summary

The compensation, which covers only the principal award and excludes interest, is seen as a major step toward justice for survivors who have waited more than a decade.

In a long-overdue breakthrough, the government has paid Sh16 million to four survivors of post-election sexual violence, marking the first official compensation for such crimes in Kenya’s history.

The payout comes nearly five years after the High Court’s 2020 judgment in Petition 122 of 2013 and thirteen years after the case was filed, signalling a critical shift in how the state acknowledges and responds to conflict-related sexual violence.

The compensation, which covers only the principal award and excludes interest, is seen as a major step toward justice for survivors who have waited more than a decade.

Rights groups say the move affirms that justice, although delayed, is still achievable.

“This moment is not just about financial redress, it is about recognition, healing, and setting a precedent,” the coalition of petitioners said in a joint statement on Thursday.

The court in 2020 found the state responsible for failing to protect or act in four of the eight cases—three involving violations by security forces and one where the police failed to investigate.

The remaining four survivors, who were assaulted by non-state actors, were not awarded compensation, prompting a pending appeal currently before the Court of Appeal.

The appeal, Civil Appeal E645 of 2021, argues that the state must be held accountable not only for direct violations but also for failing to prevent or respond to attacks by non-state actors.

The appeal has faced two postponements, but hope remains high among advocates and survivors.

Civil society organisations involved in the case include the Coalition on Violence Against Women (COVAW), Independent Medico-Legal Unit (IMLU), Kenya Human Rights Commission (KHRC), Physicians for Human Rights (PHR), and the REDRESS Trust, among others. They have vowed to continue supporting the survivors until full justice is realised.

“We will remain with them until the appeal judgment is delivered and the excluded survivors are compensated,” read part of the joint statement.

One of the survivors, who received her payment this week, expressed deep relief: “I thought I would die before receiving my court ordered compensation! Many thanks to the Government of Kenya for humanizing me and for hearing our cry.”

The groups now urge the state to use this milestone as a starting point to roll out broader reparations, including the implementation of the Victim Protection Act, activation of the Restorative Justice Fund, and compensation for other survivors of sexual and political violence across the country.

They also call for a national reparations policy to ensure sustained and structured redress for victims of human rights violations. “Justice has never followed a calendar,” they said, adding that for survivors, every step forward is hard-won and deeply personal.

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