The case where eight survivors of the 2007/2008 post poll chaos have sued government for failure to protect civilians during the violence resumes this Tuesday in Nairobi.
State lawyers are expected to begin cross-examining a witness from the Kenya National Commission on Human Rights (KNCHR) who gave testimony against government when the case started earlier in January.
In the case the survivors accused government of lacking the will to bring justice to victims of the violence which left at least 1000 people dead after the infamous disputed presidential election.
Six women and 2 men accuse the government of failure to take up its responsibilities of protecting civilians during the chaos resulting in gang rape, defilement and genital mutilation among other crimes that were allegedly committed by both criminal gangs and police officers.
The petitioners who filed the case last year want government to publicly acknowledge and apologise for the crimes committed and provide compensation to victims.
They also want the matters they raised concerning the violence and crimes investigated properly, and a database for victims of the chaos established with an independent division to investigate and bring perpetrators to book.
Christine Alai, the Kenyan coordinator for Programme on Sexual Violence in Conflict zones told Baraka FM that the case had exposed government lack of will to ensure that victims got justice.
She said there were cases that had evidence contrary to the opinion of government that there was no enough evidence for prosecution.
Speaking during the same press briefing organized by Journalist for justice and ICJ- Kenya Chapter, George Kegoro – ICJ- Kenya faults the government’s action saying it has ignored victims and failed to take up its responsibilities.
George Kegoro of the International Commission for Jurists (ICJ) accused the state of taking up different positions, faulting the director of public prosecutions who was quoted saying that government did not have the absolute obligation to protect citizens during the violence, and that victims did not report the crimes committed to the police.
The petitioners’ case is supported by four civil society groups, ICJ Kenya, Independent legal unit, Coalition on Violence against Women and Physician for Human Rights
Six government agencies are enjoined in the case as respondents.
They include the attorney general who is being held liable for offences committed by government and the inspector general of police for allegedly failing to enforce the law.
The others are the director of public prosecutions, Independent Police Oversight Authority, Cabinet secretaries for Medical services and Public Health.