Survivors of sexual and gender-based violence (SGBV) from the 2007-08 post-election period have expressed frustration after the Court of Appeal postponed the delivery of a key judgment in their case.

The survivors, alongside civil society organizations, had filed Civil Appeal No. E645 of 2021 to challenge a 2020 High Court decision that denied redress to some of them.

The court was expected to rule on Friday, April 11, 2025, but the judgment was deferred without a new date.

They said the delay is "more than procedural, it is deeply personal," and adds uncertainty to their long struggle for justice and compensation.

The survivors are seeking recognition and support from the government for the violence they experienced during the post-election chaos, including cases committed by civilians.

The appeal questions whether the state has a duty to protect and compensate survivors, even when the crimes were committed by non-state actors and not reported formally at the time.

In the 2020 High Court ruling, only four out of eight survivors who had petitioned the court were awarded Sh4 million in compensation.

These four were assaulted by police officers.

The cases of the other four survivors—who suffered gang rape and forced circumcision at the hands of civilians—were dismissed due to lack of formal police reports.

The survivors say this ruling denied them justice and ignored the challenges faced when reporting such crimes in chaotic and dangerous situations.

The Court of Appeal was also expected to address the High Court’s decision not to issue structural orders that would have required the state to set up systems for documenting and compensating all victims of sexual violence during the post-election period.

The adjournment now means the survivors must continue waiting.

They are now urging the Court of Appeal to deliver its judgment without further delay.

"Justice delayed any further will only deepen the harm experienced by victims and survivors," they said in a statement.

The survivors are also demanding that the Office of the Attorney General and the Ministry of Interior release Sh16 million in compensation already awarded in the constitutional petition.

In addition, they are calling for the implementation of the Sh10 billion Restorative Justice Fund.

They further want the Speaker of the National Assembly to provide an update on the adoption of the Truth, Justice and Reconciliation Commission (TJRC) Report, saying it is necessary for its full implementation.

They also want the government to fully implement the Victim Protection Act (2014).

They are asking for resources and a proper framework to ensure access to psychosocial support, legal aid, protective services, and reparations for all survivors of serious human rights violations.

"Survivors have carried this burden long enough; it is time the nation stands with them," they said.