Why Kenya must develop effective policies and laws on reparations

Joseph Abanja and Lancer Achieng, parents of the late baby Samantha Pendo at Kisumu Law Courts on February 14, 2018. They are seeking justice for their baby who was killed during the 2017 post-election violence. [File, Standard]

The 2007-2008 post-election violence (PEV) was a dark moment in our history, resulting in deaths of over 1,200 Kenyans and displacement of more than 650,000 people. The quest for justice has been bumpy, leaving many victims feeling devastated. In 2014, Keriako Tobiko, the then Director of Public Prosecutions, dropped over 4,000 criminal cases including alleged acts of rape, murder, and arson. He argued that the cases did not meet the necessary prosecutorial threshold.

At the International Criminal Court, the Kenyan cases ultimately collapsed due to witnesses recanting their statements and Kenya's failure to cooperate with the court. As a result, the only remaining avenue for justice appeared to be through the Kenyan courts. On November 24, 2011, the Kenya Human Rights Commission and 28 petitioners filed a suit against the government seeking to enforce the fundamental rights of internally displaced persons violated during the post-election violence of 2007 and 2008. This petition was based on four key issues; injury to person, loss and damage to property, loss of life, and gender and sexual-based violence (SGBV). Thirteen years later, this case remains unresolved, leaving victims wondering whether justice will ultimately serve as their shield and defender.