No justice for post-election sexual crimes victims, ten years later

The prosecutor’s office has failed to follow-up on cases of rape and sexual assault during the 2007/8 post-election violence, including cases reported to the Commission of Inquiry into Post-Election Violence (CIPEV). And the Assistant Director of Public Prosecutions Jacinta Nyamosi recently talked of how the Kenyan government has handled investigations into these attacks on thousands of women. Her comments contradict the government’s official position that it has been impossible to prosecute sexual crimes due to lack of evidence.
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Witness Says Prosecution Never Followed Up on Sexual Crimes Allegations Made to Government Commissions

A senior prosecutor told Kenya’s High Court the Directorate of Public Prosecutions has never followed up on allegations of sexual crimes made to two government-appointed commissions that investigated the violence that followed the 2007 presidential election.

Jacinta Nyaboke Nyamosi told the court on Wednesday that as head of the Sexual and Gender-Based Violence Division at the directorate she had not asked the commissions that investigated the violence that occurred between December 2007 and February 2008 to share the complaints they received.

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Senior Prosecutor Tells Kenyan Court About Challenges of Taking SGBV Cases to Trial

A senior prosecutor told the High Court of Kenya 21 sexual and gender-based violence cases were filed in court following the violence that wracked Kenya after the 2007 presidential election.

Jacinta Nyaboke Nyamosi told the High Court on Wednesday, March 29, this was information in a press brief made by a multi-agency task force that reviewed cases from the post-election violence of December 2007 to February 2008.

“We got 11 convictions. In one case there was an acquittal. Five cases were withdrawn. In three cases there were warrants pending,” Nyamosi told the court.

“The accused absconded?” asked Judge Enock Chacha Mwita.

“Yes,” Nyamosi replied.

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Kenya has no reparations policy, but constitution does provide such a right, says witness

An expert witness told Kenya’s High Court the failure of a sexual violence victim to report what happened to them does not invalidate their right to reparations.

Betty Murungi testified on Friday during the hearing of a petition filed by survivors of sexual and gender-based violence that occurred when bloodshed erupted after the December 2007 presidential poll.

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The Petitioners are presenting their final witness, Betty Murungi, on 2 September

The Sexual and Gender Based Violence (SGBV) Case which was filed by victims of Post Election Violence will be coming up for hearing tomorrow 2nd of September, 2016 at 10:30a.m at the high court of Kenya (3rdFloor court room 1)

The case which was filed by 8 victim petitioners and 4 organizations (COVAW, Physicians for Human Rights, ICJ KENYA and IMLU) seeks to hold the Government of Kenya liable for failing to prevent and protect its citizens from Post Election Violence and further to that failing to investigate and prosecute perpetrators of the violence.

The petitioners will present their final witness, Betty Murungi, an expert on Transitional Justice and former Vice Chairperson and Commissioner to the Truth, Justice and Reconciliation Commission of Kenya, who will testify on the state’s obligations to provide reparations for crimes under international criminal law. She will focus on reparations for victims of Sexual and Gender Based Violence Crimes and will give recommendations on best strategies to be considered when awarding reparations for sexual violence victims in Kenya. Betty has been a part of transitional justice processes in Rwanda, Sierra Leone, South Sudan and many other countries in the continent and will give expert opinion on what methods have worked best in the various contexts.

If the Respondents, do not present any witnesses in support of their defence, tomorrow’s hearing will be the last of this landmark case. We would therefore like to invite you all to join us tomorrow in solidarity with the victim petitioners and other survivors of sexual crimes during post election violence.

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Sexual Violence Victims Do Not Always Speak Immediately About Their Assault, Says Witness

Victims of sexual violence may not want to speak immediately about what they have gone through, a witness told the Kenyan High Court during a hearing into a petition filed by survivors of sexual and gender-based violence (SGBV) perpetrated after the 2007 presidential poll.

Saida Ali, a former executive director of the Coalition on Violence Against Women (COVAW), made the observation on July 21 in response to a question from Senior Assistant Director of Public Prosecutions Edwin Okello. Ali, who is the 15th witness for the petitioners, was testifying for a second day during which lawyers representing the government and government agencies cross-examined her. You can read about her first day of testimony here.

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Lack of Accountability Fuels Police Impunity in Kenya by Christine Alai

The terrifying news of the discovery of the dead bodies of lawyer Willie Kimani, his client Josephat Mwenda, and taxi driver Joseph Muiruri at the beginning of this month sent shock waves through the Kenyan population and the global community. The three disappeared following a court hearing on allegedly trumped-up charges against Josephat Mwenda. The three men were brutally tortured, murdered, and dumped in a river. Police investigators believe their own officers may be to blame.

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Sexual Violence Victims Want Kenyan State to Acknowledge What Happened to Them, Says Witness

A witness said non-governmental organizations working with victims of sexual and gender-based violence (SGBV) committed during the upheaval that followed the December 2007 presidential election were “upset” when a top prosecutor said police did not treat the sexual violence as conflict-related.

Saida Ali told the Kenyan High Court on Wednesday that when the senior prosecutor spoke at a civil society function in October 2012, representatives of non-governmental organizations present had expected to hear more from the senior prosecutor than there was little that could be done about the SGBV cases they had on file.

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Victims of post-election violence return to court for hearing – by Journalists for Justice

Hearings in a case filed by eight survivors of police rape, gang-rape and forcible male circumcision by civilians during the post-2007 election violence resume at the High Court in Nairobi today.

Several expert witnesses have taken the stand. Today former executive director of Coalition on Violence Against Women, Saida Ali, will take the witness stand.

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We carry scars that won’t heal, say survivors of PEV sexual abuse by Joyce J. Wangui

Dozens of women raped during the post-election violence still need counseling nine years on.

To date, few of the survivors have received the comprehensive psycho social support required to put back their lives together. “Our lives are still at a standstill,” Clarisse Akinyi, a survivor of rape in Mathare slums told JFJustice. Akinyi was among 50 survivors in court last week during the hearing of a case filed by eight sexual violence survivors.

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