Kenya’s Supreme Court is to decide whether survivors of conflict-related sexual violence are entitled to the same protection as other victims of political violence in what could be a landmark human rights case for the country.

The case, brought by survivors of sexual violence during Kenya’s 2007-08 post-election crisis, will test the extent of the state’s responsibility to prevent, investigate and provide remedies for abuses committed during periods of political unrest.

Eight survivors are seeking compensation, rehabilitation and a declaration from the court, arguing that authorities failed to protect them from widespread sexual violence and failed to deliver justice afterwards.

Their petition challenges what they describe as an unconstitutional pattern of selective justice, arguing that survivors of sexual violence should receive access to justice regardless of whether the perpetrators were state security officers or civilian militias.

“For nearly two decades, these survivors have carried the weight of horrific violence that the state was supposed to prevent and that it never fully accounted for,” said Suzanne Kidenda, acting head of office at Physicians for Human Rights-Kenya, who are involved in the case.

“Compensation matters, but so does the principle behind it: that an individual’s right to protection and redress cannot depend on whether their attacker wore a uniform.”

The violence erupted after a disputed presidential election between Mwai Kibaki and Raila Odinga and left more than 1,100 people dead and hundreds of thousands displaced.

At least 900 women, girls, men, and boys suffered sexual and gender-based violence, according to PHR. Very few cases have been prosecuted, adding to the suffering for survivors.

Human rights groups documented widespread sexual violence during the crisis, including rape and other forms of gender-based violence, but relatively few perpetrators have been held accountable.

The survivors are seeking compensation for four of the survivors at the centre of the appeal, access to medical and psychological rehabilitation for all eight petitioners, a formal public apology from the government and a ruling defining the scope of state responsibility in future cases.

The ruling could have wider implications for accountability for election-related violence in Kenya, which has a history of deadly political unrest around contested polls.

It comes as the country heads into another election cycle, violent disruptions of political and civic events are raising concerns about the use of hired gangs for intimidation.

Around 47 per cent of Kenyan women and girls aged 15-49 have suffered physical or sexual violence, a figure that rises even higher in periods of conflict and upheaval.

The Supreme Court has reserved judgment and is expected to deliver its decision within 90 days.