Gang rape, stigma and survival: A deep dive into Kenya’s darkest hours
Young women protest against the rise in sexual and gender-based violence.
What you need to know:
- The survivors of post-election violence have spoken out about their harrowing world.
- These forgotten voices have been waiting for justice after their complaints were dismissed by police officers.
Jacqueline Mutere, 57, went through a horrible rape ordeal during the 2007–08 post-election violence after the announcement of the presidential result. As a result, she conceived and later gave birth to a girl. About 17 years after she was sexually assaulted, she has yet to get justice as the perpetrators are still roaming freely.
Jacqueline’s quest for justice hit a brick wall after she went to report the matter at a police station. She was turned away by officers, who said they were trying to contain the violence.
“I vowed never to go back to the police station again. I went to hospital and faced the same fate. I was unable to get justice that I badly needed,” she said.
Sharing her story in a recent forum convened to discuss prosecution of sexual and gender-based violence in Kenya, Jacqueline said she underwent pain and trauma for three years before she could overcome the ordeal.
“Many women were sexually violated, with some being gang-raped by civilians and police officers. Almost all of them opted not to report the matter as they were not sure they would get justice.”
Pain, trauma, rejection and stigma prevented victims from reporting their ordeals, thus shutting the doors on their fight for justice. It’s as a result of lack of justice that eight survivors (six women and two men) in 2013, jointly with international non-governmental organisation Physicians for Human Rights, filed a suit against six state actors. Also joining the suit were three civil society organisations – the Coalition on Violence Against Women; the International Commission of Jurists, Kenya; and the Independent Medico-Legal Unit.
The survivors detailed their harrowing accounts from the 2007–08 post-election violence, including incidents of gang rape, forced circumcision, and other forms of sexual violence, which resulted in severe physical injuries, psychological and socioeconomic suffering, and serious health complications.
The High Court in 2020 held the government accountable for failing to investigate and prosecute these crimes. By invoking the Maputo Protocol, the court reinforced the state’s obligation to protect survivors and uphold the right to life, dignity, and security.
The court found that the government was responsible for “failure to conduct independent and effective investigations and prosecutions of sexual and gender-based violence-related crimes during the post-election violence”. Justice Weldon Korir awarded four of the eight survivor-petitioners compensation of Sh4 million “for the violation of their constitutional rights”.
“In light of the above analysis and determination, I enter the judgment as follows: one, a declaratory order is hereby issued to the effect that the failure to conduct independent and effective investigations and prosecutions of the SGBV-related crimes during the 2007–08 post-election violence is a violation of the positive obligation by the Kenyan state to investigate and prosecute violations of the rights to life, the prohibition of torture, inhumane and degrading treatment and the security of person of the petitioners,” he said.
The judge found that the right to life, prohibition of torture, inhumane and degrading treatment and the right to security of persons, the right to protection of the law, the right to equality and freedom from discrimination and the right to remedy were violated during the 2007–08 post-election violence as a result of the government’s failure to protect those rights.
He added that in addition to awarding them general damages, he was ordering the Attorney General and the Inspector General of Police to pay the costs of the petition by the four. The Attorney General and the Inspector General of Police were the first and fourth respondents.
Equality Now, an international women's rights organisation that addresses discrimination and violence against women and girls, said the Maputo Protocol remains a cornerstone of Africa’s fight against sexual violence. “Maputo Protocol’s impact is visible in groundbreaking judicial decisions that amplify the voices of survivors and hold states accountable. However, the journey is far from over. By strengthening legal frameworks, investing in survivor support, and fostering cultural change, Africa can turn the Maputo Protocol’s vision of gender equality into a reality.”
During the 2007-08 post-election violence, more than 1,000 people were killed, with more than 600,000 people displaced. As part of the political settlement that ended the violence, the government set up a commission to investigate it. It was called the Commission of Inquiry into Post-Election Violence and in its October 2008 report, the commission noted that 900 women suffered sexual violence. Some government agencies, among them the police, have been accused of being behind some SGBV cases during elections.
A report by the Kenya National Commission on Human Rights titled Silhouettes of Brutality released after the 2017 General Election, for example, puts the police at the centre of sexual violence against women during elections. The police should be at the forefront of enforcing law and order. The report focused on post-election violations largely experienced following the announcement of the first presidential results on August 11, 2017, and the ensuing months prior to and after the fresh presidential polls on October 26, 2017.
According to the report, SGBV violations during the 2017 election were perpetrated more by the police at 54 per cent compared to civilians at 45 per cent. It alleged that some security officers took advantage of the mayhem to indiscriminately raid homes during which time they sexually violated women, most of whom were not involved with the protests. It also indicated that besides sexually violating the women and physically assaulting them, some police officers robbed them of money and food. The government deployed over 180,000 police officers to provide security during the period.
The officers were drawn from the National Police Service, Kenya Prisons Service, Kenya Wildlife Service, Kenya Forest Service and National Youth Service. The commission’s findings indicate that most survivors were from informal settlements that had fierce protests. The report contains findings of cases recorded in the nine counties – Nairobi, Kisumu, Vihiga, Kakamega, Migori, Siaya, Busia, Homa Bay and Bungoma. Machakos and Uasin Gishu also had one case each.
Many survivors whose statements were recorded in the report pointed to security agents as the key violators. They described the attackers as having been dressed in security regalia – the jungle green uniform type – armed with AK-47 guns and teargas canisters. SGBV, according to the report, accounted for 25 per cent of all human rights violations recorded.
The report revealed that most victims were women at 96 per cent, while men were at four per cent. Older persons were not spared. The eldest were a 70-year-old woman and a 68-year-old man. Young children were also subjected to the brutality, with as young as a seven years old having been violated.
The highest cases were in August 2017, the report adds. Gang rape and rape accounted for over 71 per cent of cases recorded. The least percentage consisted of attempted defilement at 1.07 per cent, with sodomy contributing to 1.6 per cent while nine per cent affected minors aged between seven and 17. The number of perpetrators per incident of gang-rape ranged from two to six persons.
However, what was more shocking to the victims was the refusal by police officers to assist them when they went to report, more so in instances where police were the perpetrators. According to the report, the survivors would either be denied the opportunity to record statements, turned away, or arrested and placed in custody.
