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Kimaiyo wants PEV sexual abuse case dismissed

23 January 2014, 08:07 Millicent Kawii

Nairobi - Inspector General of police, David Kimaiyo, wants a case in which 8 women who were sexually abused during the post-poll chaos of 2007 dismissed as the attacks were indiscriminate.

While responding to the case in which the victims are challenging the existence of recognition, investigations and prosecution of sexual based violence after the post poll chaos, Kimaiyo said the attacks were not targeted on women and children alone and that there was adequate protection offered by  the security personnel.

In an affidavit sworn by Dawson Gatwanjeru, he argues that the allegations that police officers perpetrated violence against the victims is a general assertion as the police cannot be held responsible for all crimes that happen in the country.

“The Police are not omniscient and cannot be held liable for all crimes committed in the country, in fact the police undertook reasonable steps within its limited resources to provide security,” said Gatwanjeru.

Gatwanjeru also alleges that the magnitude and spontaneity of the post-election violence made it impossible for the police to provide security to all Kenyans at the time and the victims continued to live without reporting their alleged attackers hence undermined the government’s function of providing security.

He further alleges that the petitioners’ failure to report the alleged crimes against police officers to the Waki Commission set to make inquiries in to the post-election violence hindered the police as well as other state organs from investigating or taking remedial and disciplinary actions.

The 8 victims and the Coalition on Violence Against Women (COVAW), the Independent Medico-Legal Unit (IMLU), the Kenyan Section of the International Commission of Jurists (ICJ-Kenya) and the Physicians for Human Rights (PHR) sued the Attorney General, the Director of Public Prosecutions, the Independent Policing Oversight Authority, the Inspector-General of the National Police Service, the Minister for Medical Services, and the Minister for Public Health and Sanitation in February last year.

Through their lawyer Kethi Kilonzo, they claim that the respondents failed to protect Kenyans from sexual violence, before, during and after the violence which was also perpetrated by security agents.

They also claim that the respondents failed to investigate and prosecute offences that amounted to grave international crimes.

A private hearing of the case will be on March 25 where witnesses will testify.

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