Conviction Achieved In Kenya Sexual Violence Case
NAIROBI, KENYA – On the evening of June 23, 2006 Patrick* – then 15 years old – was on his way home when commotion broke out in the street ahead. Mob violence is commonplace in his community in a slum area of Nairobi, so Patrick decided to take refuge in a friend’s home nearby and wait for the incident to end.
His mother immediately took action. With Patrick’s help, she and several local youths located, captured and brought the assailant into police custody themselves.
After the authorities filed the reports against the perpetrator, Patrick underwent testing at both a government and private hospital where medical evidence confirmed the abuse. Despite this evidence, the authorities were slow to act on Patrick’s behalf. When the offender was finally charged and the case set for hearing, the investigating officer repeatedly failed to bring the police file to court, forcing the case to be adjourned. The officer also began requesting money for the inclusion of Patrick’s medical evidence in the case – something impossible for Patrick’s impoverished family to provide. Patrick’s chances of receiving justice looked miniscule.
But International Justice Mission learned of Patrick’s story – and that the case against his assailant had been repeatedly delayed, with chances of it continuing to completion appearing unlikely. Understanding the challenges, IJM took on the case and legal staff began attending court on Patrick’s behalf.
For more than four months, the magistrate delayed a decision, either because the judgment was not yet prepared or because he simply failed to appear in court. IJM legal staff remained dedicated, providing critical support for Patrick and his family, including ensuring that they were able to move out of their dangerous neighborhood and working relentlessly to ensure that the case continued to move forward.
On June 3, 2009 – nearly three years after Patrick was assaulted – the judgment was finally delivered. The magistrate found Patrick’s perpetrator guilty and sentenced him to five years in prison, not including the time he had served during the trial’s duration. IJM staff are continuing to provide counselling and aftercare services for Patrick and his mother. Patrick had stopped attending school shortly before the abuse, but has now begun attending classes again. With his assailant behind bars and caring allies on his side, Patrick – who at times doubted his own worth and potential – now knows a more secure future and the victory of justice won.
