In a historic move, the Government of Kenya has paid 16 million Kenyan shillings (approx. USD $124,000) in compensation to four of the eight survivors of sexual violence in Petition 122 of 2013, marking the first time in Kenya’s history that survivors of conflict-related sexual violence are receiving official compensation for the harm they endured.
This long-awaited payment comes nearly five years after the High Court delivered its groundbreaking judgment in December 2020 and thirteen years since the petition was initiated in the High Court. It serves as an affirmation that justice, though long delayed, is indeed possible. This milestone reflects a significant step forward in Kenya’s commitment to upholding the rule of law and constitutional rights and acknowledge the dignity and pain of survivors, many of whom have waited more than a decade to be heard. This moment is not just about financial redress, it is about recognition, healing, and setting a precedent that the state is obligated to effectively investigate, prosecute and provide reparation for conflict-related sexual violence. It offers hope to countless others and hopefully marks a turning point in how Kenya responds to survivors of sexual violence moving forward.
While the disbursed amount only covers the principal award and interest remains outstanding, this first tranche of compensation marks a victory for the survivor-petitioners who have waited over a decade to see justice served. Their courage and persistence have paved the way for a new chapter in Kenya’s human rights journey, one where survivors of sexual violence are not only heard but also tangibly acknowledged.
At the same time, the ongoing Civil Appeal case E645 of 2021 serves as a reminder that the fight for comprehensive justice continues. The 2020 judgment found that the Government of Kenya failed in its responsibility only in the cases of three survivor petitioners who were violated by state security forces and one who had reported but the police failed to investigate. The court, however, failed to find in favor of the other four survivor-petitioners who were assaulted by non-state actors. The co-petitioners filed an appeal to pursue redress for these four survivors, arguing that the State bears
responsibility for failure to prevent and respond to violations committed by non-state actors. The appeal asserts that the state must not only provide financial remedy, but also recognition and healing for all survivors of sexual violence committed during the 2007-08 post-election, and a precedent that protects future survivors. Although the Court of Appeal judgment has twice been postponed, hope remains strong that these remaining voices will soon be vindicated.
We call on the government to mark this as the beginning of sustained action to fulfill state obligations to prevent and ensure accountability and justice for conflict-related sexual violence, including through the adoption of a reparations policy and operationalization of the Restorative Justice Fund, implementation of the Victim Protection Act, and payment of compensation to survivors of torture and sexual violence from other regions and time periods in Kenya.
International Justice Day may be marked on July 17, which was yesterday, but for survivors, justice has never followed a calendar. They have carried this fight for years, spoke out when silence felt safer, returned to courtrooms again and again, and kept hoping in a country that looked the other way.
In the words of one of the survivors today; “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.”
We will remain with the survivors until all pending interest is paid. We will remain with them until the appeal judgment is delivered and the excluded survivors are compensated. We will remain with them until the state fulfills its responsibility to all survivors of sexual and political violence in Kenya. May justice be our shield and defender.
This joint statement is signed by the Coalition on Violence against Women (COVAW), Independent Medico Legal Unit (IMLU), Physicians for Human Rights (PHR), Utu Wetu Trust, Kenya Human Rights Commission (KHRC), International Commission of Jurists (ICJ Kenya), REDRESS Trust, the Constitution Reform Education Consortium (CRECO) and The Global Survivors Fund.
Physicians for Human Rights (PHR) is a New York-based advocacy organization that uses science and medicine to prevent mass atrocities and severe human rights violations. Learn more here.