Three doctors have been summoned to testify on the nature and extent of sexual violence during the 2008 post-election chaos.
Mr Justice Isaac Lenaola allowed the request by eight victims of sexual violence and summoned Dr Elizabeth Nikisa and Dr Triza Njore of Kenyatta National Hospital as well as the medical superintendent of Mbagathi District Hospital.
The eight victims and four lobby groups have sued the government seeking compensation for women who were attacked and raped in the violence that followed the 2007 disputed elections.
Coalition on Violence Against Women, the Independent Medico-Legal Unit, the International Commission of Jurists and Physicians for Human Rights claim the women suffered at the hands of both civilians and the police.
“The government failed to train and prepare the police to protect civilians from sexual violence and in its aftermath, the police refused to document and investigate claims of sexual violence leading to obstruction of justice,” said the petitioners.
The Inspector-General of Police however wants the petition dismissed, arguing that the attacks were not targeting women and children only and that the police protected all civilians.
“Police are not omniscient and cannot be held liable for all crimes committed,” argued Mr Kimaiyo through lawyer Dawson Gatwanjeru. The matter will be heard on March 25.