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Concerns over unresolved 2017 sexual violence cases

At least 201 reported cases of sexual violence that emerged from the 2017 post-election violence remain unresolved five years later.

Photo credit: File | Nation Media Group

What you need to know:

  • Of the 201 victims of sexual violence, 96.3 per cent were women and the rest were men.
  • Human Rights lawyer Nelly Warega noted that 55 per cent of the cases were perpetrated by law-enforcement officers, while the remaining 45 per cent were committed by civilians.

At least 201 reported cases of sexual violence that emerged from the 2017 post-election violence remain unresolved five years later.

The revelation, contained in a report by the Kenya National Commission on Human Rights (KNCHR), is emerging at a time when human rights groups are raising fears of similar violence in the August 9 General Election.

At the moment, the fight for the country’s top seat is getting heated as campaigns enter the home straight. The report is titled Silhouettes of brutality. Human Rights lawyer Nelly Warega, who addressed various groups during a sensitisation programme at Majengo in Vihiga County, called on duty-bearers to attend to reported cases and ensure justice for the victims.

Victims

Of the 201 victims of sexual violence, 96.3 per cent were women and the rest were men. Ms Warega noted that 55 per cent of the cases were perpetrated by law-enforcement officers, while the remaining 45 per cent were committed by civilians.

The findings indicated that most survivors came from informal settlements where fierce protests were witnessed.

KNCHR notes that the counties that recorded majority cases included Nairobi, Kisumu, Vihiga, Kakamega, Migori, Siaya, Busia, Homa Bay, Bungoma, Machakos and Uasin Gishu.

KNCHR says its findings reveal many of the survivors were unable to receive medical care services within the recommended window period of 72 hours, as protests would go on days on end, making it difficult for them to leave their homes for fear of their safety.

Further, cases that were reported at police stations were few and limited because security agents were also perpetrators, making residents fear making reports.

KNCHR notes that only a few survivors benefitted from community-based organisations that offer free counselling sessions, albeit months later.

“It is noteworthy to put on record that the 201 sexual violence cases are not conclusive and are a record of survivors who courageously came out to the KNCHR to share their ordeals,” the report reads.

“Demoralisingly, older persons were not spared, with the eldest survivors being a 70-year-old female and a 68-year-old male, who were violated. The innocence and decency of young children was thrown out of the window, with as young as seven-year-olds having to face the brutality and callousness of men who chose to defy nature and pounce on helpless members of society.

“For some children who were spared of actual bodily harm, they were forced to watch as their parents were subjected to heinous sexual assaults that they could barely comprehend.”

Violators

The commission says statements by survivors pointed to security agents as the key violators. The report notes that survivors described the attackers as having been dressed in security regalia, that is the jungle green uniform type.

“They (survivors) could also describe AK-47 guns and some teargas canisters that were carried by the attackers. Others thought the solidarity amongst civilians would be their fortress until the opposite happened, with some survivors noting that they were sexually assaulted by opportunistic fellow civilians,” the report reads.

As a result, Ms Warega said they will be reaching out to duty-bearers to help sensitise them to the matters raised in the report.

“We want to push for proper investigations and finally prosecution of suspects. We are also talking to the duty-bearers—the police, prosecutors and all the others. If investigations are conducted poorly, prosecution cannot have any case to front,” she said during the sensitisation forum.