WUNRN
KENYA - POST-ELECTION SEXUAL
VIOLENCE SURVIVORS SUE GOVERNMENT FOR LACK OF PROTECTION & JUSTICE
Photo: Aubrey Graham/IRIN - Survivors sue over neglect.
The case, which is being heard in the Nairobi High Court, comes just two weeks
before another general election widely seen as a landmark for Kenya.
“The survivors are suing the government for non-action both in terms of
protecting people from violence during this period [2007-2008] but also for
failing to institute investigations to ensure perpetrators can be brought to
book,” Saida Ali, the executive director of the Coalition on Violence Against
Women (COVAW), told IRIN.
Those bringing the case to court include two victims of sexual violence and six
civil society organizations: COVAW, the Independent Medico-Legal Unit (IMLU),
the Kenyan Section of the International Commission of Jurists (ICJ Kenya), and
Physicians for Human Rights (PHR).
“Nobody wants to take the responsibility for these crimes. It is not just about
the police but also public health facilities taking the responsibility to offer
care and treatment to those affected,” Ali added.
The current constitution compels the government to provide services such as
counseling, treatment and protection to victims of sexual violence. But women’s
advocates say that too often these services are unavailable.
“The constitution is clear on the role of government in providing services to
victims of SGBV [sexual and gender-based violence],” said Ali, who estimated
that more than 3,000 incidents of sexual violence were committed after the 2007
election.
Physical and sexual violence against women is commonplace in
The report attributes this to “low status of women in society, patriarchal
values and power structures focused on male dominance, discriminatory
institutions and implementation of laws, [and] the absence of a legal framework
on intimate partner violence.”
“The legal framework on sexual violence is strong but is not always
implemented, and justice remains largely inaccessible, especially for poor
women,” Claire Mc Evoy, the report’s author, told IRIN.
“We want to, among other things, use the case to compel the government to set
up a special division within the High Court to deal with cases of SGBV,” Ali
said.