11 August 2014
More insights on the Ongoing SGBV Petition No.122 of 2013.
The Sexual and Gender Based Violence /Public Interest Litigation was filed on 20th February, 2013 at the Constitutional and Human Rights Division of the High Court. Petition No.122 of 2013, has a total of eight (8) petitioners who are a representative constituent of victims of SGBV. The petitioners claim that;
• The government failed to properly train and prepare the police to protect civilians from sexual violence.
• In the aftermath of the violence, the police refused and/or neglected to document and investigate claims of SGBV, leading to obstruction and miscarriage of justice;
• The government denied emergency medical services to victims at the time; and,
• The government failed to provide necessary care and compensation to address victims’ suffering and harm.
The Petition also highlights some of the prayers that the petitioners are seeking from the court. They include that the Government of Kenya to do as follows:
• Publicly acknowledge and apologize to the victims (the victim-petitioners and the entire SGBV victim population) for their failure to protect the rights of Kenyans during the PEV period;
• Create a database of SGBV victims and survivors from the 2007/08 PEV who shall benefit from various forms of support and assistance;
• Provide appropriate compensation, including psycho-social, medical, and legal assistance to the victims;
• Investigate the sexual violence that was visited on numerous Kenyans during the PEV period and prosecute those who are responsible; and,
• Establish a special team within the Department of Public Prosecutions to ensure that such investigations and prosecutions are credible and independent.