For the first time in Kenya’s history, four survivors of
sexual violence have been awarded government reparations, nearly 18 years after
the post-election violence of 2007 and 2008.
This landmark decision paves the way for redress for thousands of innocent civilians, but just as important is recognising the pivotal role survivors themselves have played in achieving this historic milestone.
Over 1,200 people were killed in the violence that erupted following the disputed 2007 presidential elections.
Thousands of women, children, and men were subjected to rape and other forms of sexual violence, with limited support or acknowledgement of their suffering.
The government’s decision to award reparations marks a major victory for four of the eight survivors who filed a petition in 2013, in part urging the government to investigate and prosecute cases of sexual violence.
In 2020, the High Court ruled in favour of the four, awarding them Sh4 million each and finding the government culpable for failing to conduct “independent and effective investigations and prosecutions.”
Despite this ruling, survivors continued to wait for its implementation, while others, those deemed to have suffered abuse by non-state actors, remained without legal recognition or redress.
Survivors have endured significant emotional and physical trauma. Some contracted long-term illnesses and were left to seek treatment alone.
Many continue to face social stigma, rejection from their communities or families, and persistent economic hardship. The psychological toll of their experience remains heavy. Describing this journey as gruelling barely captures the full extent of their suffering.
While not without flaws, the government’s latest move is an essential step forward. Crucially, it is survivor-led efforts that have brought the conversation this far. Survivor voices have shaped critical national debates on justice, kept public attention focused on the issue, and helped shift blame away from victims and toward those responsible.
In March this year, 500 people, including survivors, grassroots advocates, and residents, marched in Kibra to demand enforcement of court orders and reparations for survivors of election-related sexual violence.
Their message was clear: justice must go beyond courtrooms and reach those still waiting for it.
Also in March, during the International Day for the Right to the Truth, survivors publicly challenged the government’s silence and delay.
They named the violations they endured, highlighted gaps in state-led truth-telling, and linked their lived experiences to the urgent need for a national reparations policy. These public declarations reframed sexual violence not as isolated tragedies but as consequences of political failures that require institutional remedies. Given the stigma survivors face, such public advocacy is both courageous and transformative.
Although reparations have been awarded to only four individuals so far, the ripple effect is undeniable. This decision provides hope to countless others still awaiting justice. It reinforces the government’s responsibility as the principal duty-bearer in offering redress to survivors of conflict-related sexual violence. It also opens the door for sustained advocacy to ensure reparations extend to all survivors.
Survivors and survivor-led movements must remain at the centre of future advocacy and policy development.
Survivor demands for full compensation, including unpaid interest, must be met.
Accountability must extend not only to state-led abuses but also to cases where the state failed to act against violence by non-state actors.
Beyond individual legal outcomes, there is a broader push for structural change, the adoption of a national reparations policy, operationalisation of the Restorative Justice Fund, and full enforcement of the Victim Protection Act. These are essential if Kenya is to uphold the rights of survivors and prevent similar injustices in the future.
The path forward must be shaped by survivor priorities.
Progress is possible, but only if we centre the voices, experiences, and demands of those who have borne the brunt of the country’s most serious human rights violations.
Survivors are not just witnesses to the past; they are architects of a more just future.
Naitore Nyamu Mathenge is the Regional Coordinator for Africa at the Global Survivors Fund. Leah Aoko is the Programs Officer for Utu Wetu Trust.
