Jurist Kenya court awards 4M shillings to post-election rape survivors

[Dadparvar]

A Kenyan High Court issued a declaratory order on Thursday in favor of four survivors subjected to rape and other sexual and gender based violence (SGBV) during post-election demonstrations spanning from December 2007 to March 2008, awarding them each 4 million shillings (USD $35,906).

The survivors brought suit against the attorney general and inspector-general of the National Police Service for failure to adequately anticipate the demonstrations and respond to them appropriately, failure to provide emergency medical services, and “failure to train Police in lawful methods of conducting law enforcement operations to prevent the commission of crimes by Police,” who also participated in the SGBV. The attorney general and inspector-general argued they administered available resources properly and the survivors failed to report the SGBV to the police at the time of the crimes’ commission.

In its declaratory order, the Court stated:

[T]he failure to conduct independent and effective investigations and prosecutions of SGBV-related crimes during the post-election violence is a violation of the positive obligation on the Kenyan State to investigate and prosecute violations of the rights to life; the prohibition of torture, inhuman and degrading treatment; and the security of the person.

The court also found the state liable for failing to protect petitioners’ rights to life, protection under the law, freedom from discrimination, and freedom from degrading treatment. The court did not support high punitive damages but awarded 4 million shillings to each of four petitioners to compensate them for the state’s failure to protect their constitutional rights.

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