As we mark World Health Day, commemorating the universal right to health, an injustice in Kenya remains unaddressed. Survivors of the 2007-2008 post-election violence who dared to seek recognition, redress, and reparations for the sexual violence they suffered, continue to face severe health violations.
In its landmark 2020 decision, the High Court recognized that the state failed to protect and provide redress for four out of the eight survivors. And to this date – nearly five years later – there has still been no compensation, no meaningful reparations and no sustained health interventions to address the physical and psychological injuries they still bear.
On April 11, 2025, the Court of Appeal in Nairobi will deliver its judgment on Civil Appeal No. E645 of 2021, which concerns four of the survivors from the High Court Petition who were denied compensation because either they were unable to report their cases to the police, or the perpetrators were non-state actors.
This judgment provides yet another opportunity for the government to fulfill its obligation and provide redress.
This goes beyond legal issues and becomes a significant public health concern that reveals the structural discrimination that survivors of sexual and gender-based violence face.
The absence of comprehensive medical care has left survivors vulnerable to untreated injuries, chronic conditions, and psychological trauma.
Some of these women and men, who are already marginalized, are now faced with additional barriers in the quest for mental health care and life-saving medical treatment.
Their suffering is compounded by the government’s reluctance to acknowledge the full extent of the harm inflicted. The continued delay to provide appropriate reparations including psychosocial, medical, and legal assistance for survivors signifies a continued repudiation of their human rights.
The High Court decision was to be a milestone, to give the government an opportunity to fulfill its obligations and set important judicial precedents.
Instead, the survivors remain trapped in a cycle of poverty, ill health, and marginalization with no clear plan for their healing and rehabilitation. The current health care financing system in the country has further exacerbated the situation.
The Social Health Authority (SHA) that was supposed to transform universal health care in Kenya has only worsened the inequalities.
Many survivors, who are disproportionately from low-income backgrounds, continue to bear the heavy financial burden of health care.
The transition from NHIF to has left many patients doubting whether they will receive the necessary care.
Survivors of SGBV, who should have priority access to health care, must now struggle harder to navigate a broken system.
Historically, international aid has been vital in the support of sexual and reproductive health services, psychosocial support, and HIV/AIDS care in Kenya.
However, the recent U.S. government reduction in funding has put these important services at risk. It is estimated that about 31% (Sh24.9 billion) of Kenya’s annual health commodities budget, was being provided by the U.S. government.
Additionally, many of the NGOs that provided survivors with much needed medical and psychological care are now scaling back, which means that the survivors now have fewer options for support.
This is a broader issue where delays in accountability and justice result in a situation where basic health care is not available to victims and survivors. For these survivors, the violations of 2007-2008 continue to persist because there has not been any meaningful redress.
This lack of reparations constitutes both a public health crisis and a persisting legal issue.
So, on this World Health Day, let us move away from mere declarations and demand action.
Health is a human right, and victims and survivors of SGBV deserve more than unfulfilled promises.
We call on the government to comply with the High Court decision by paying the awarded compensation and further establishing a reparations fund to support survivors’ medical and psychological care. Let this be an opportunity not just to reflect, but to act resolutely.
Health care – just like justice – should not be a privilege for a few, but a right for all.
Suzanne Kidenda, Head of Office Physicians for Human Rights
- Kenya
