Why new AG Oduor holds key to justice for survivors of election-related sexual violence

Dorcas Agik Oduor during her swearing-in as the Attorney General at State House, Nairobi on August 20, 2024. [PCS]

Kenya has never had a female Attorney General (AG) since gaining independence. A glance at our history might make one believe that this role was reserved exclusively for men. Consider the lineup: Charles Njonjo (1963-1979), James Karugu (1980-1981), Joseph Kamere (1981-1983), Mathew Muli (1983-1991), Amos Wako (1991-2011), Professor Githu Muigai (2011-2018), Kihara Kariuki (2018-2022) and Justin Muturi (2022 – 2024). This pattern suggests that the office was structured with a masculine lens tailored to, maybe, meet the demands of male officeholders. But it is time to rearrange those seats because Kenya now has its first female Attorney General.

Dear Attorney General Dorcas Oduor, allow me to extend my heartfelt congratulations on your historic appointment. Your rise to this position is a powerful testament to the abundance of capable women leaders in our country, ready to step up if only the appointing authorities are willing to look closely. This is not a public relations platform, but your seven-minute introduction during your parliamentary vetting made it clear that you are more than capable and prepared for the role. Now, it is time to get to work.

As you settle into your new office, I bring to your attention the plight of eight petitioners who have been waiting far too long for justice. These eight individuals—six women and two men—endured unspeakable sexual violence following the 2007 election. They are not alone in their suffering. Their stories represent over 900 other victims who bravely shared their testimonies with the Commission of Inquiry into the Post-Election Violence (CIPEV) in 2008, commonly known as the Waki Commission. These accounts detail horrific acts of individual and gang rape, defilement, forced circumcision, and other forms of sexual brutality.

These violations left deep scars—physical, psychological, and socioeconomic—that these survivors have borne for years. Their Hope, once a beacon of resilience, has been eroded by the relentless passage of time. They are tired to the extent that the Hope that should be keeping them alive is also exhausted.

In December 2020, the High Court in Nairobi issued a landmark ruling in favor of four of these eight petitioners, finding that the Government of Kenya was liable for failing to conduct independent and effective investigations and prosecutions of sexual and gender-based violence (SGBV) crimes committed during the post-election violence. The court awarded each of these four survivors KES 4 million (approximately USD 35,000) in compensation for the violation of their constitutional rights. Yet, as of late 2021, this compensation remains undelivered. We have previously submitted letters to this good office, following up after the issuing of a certificate of costs, but have not yet received any response. This has been very disappointing.

The toll this delay has taken on them is immense—they are exhausted, frustrated, and, in their desperation, some even suspect that those of us in civil society have somehow betrayed them. I assure them, unlike politicians who make empty promises, we stand with them, committed to seeing this journey through.

Fast forward to November 11, 2021, when the remaining four survivors filed a partial appeal at the Court of Appeal in Nairobi. They argued that the High Court's decision failed to recognize the government's responsibility to those who were denied justice for the state's failure to protect them from sexual violence perpetrated by non-state actors. The appellants are seeking accountability from the state for failing to prevent or respond to sexual violence perpetrated by ethnic militias and civilians during the post-election period—a threat that was widely anticipated. Despite filing this in 2021, we are yet to receive a date for the hearing. 3 good years later, we continue to fail these survivors of sexual violence during periods of conflict in Kenya.

Dear Attorney General Dorcas Oduor, your office now holds the key to delivering long-overdue justice. I urge you to act swiftly and to work closely with the Judiciary to ensure that the four survivors finally have their day in the court of appeal. We also seek your support in the payment of compensation to the four petitioners for whom a certificate of costs was signed by this good office.