Report: Interior Ministry proposes mandatory prosecution of defilement cases

The Ministry of Interior is proposing mandatory prosecution of all defilement cases, eliminating any room for mediation or withdrawal.

The move follows findings from the newly released Jukwaa La Usalama report on Tuesday, November 2,  covering security consultations held between April and October across the country.

The report highlights widespread and escalating cases of sexual and gender-based violence (SGBV) affecting children, adolescents, and women nationwide.

High numbers were recorded in Western, Nyanza, Coast, and Central regions, with Bungoma reporting 48 cases between June and August 2025.

“Despite ongoing sensitisation efforts, under-reporting remains widespread due to stigma, fear of reprisal, limited access to justice, cultural norms, and reliance on non-judicial settlements. Counties such as Kisii, Nyamira, Narok, Vihiga, Kajiado, Bomet, Kilifi, and Taita Taveta have reported significant SGBV incidences,” the report reads, warning of the emerging triple threat of teenage pregnancy, new HIV infections, and SGBV, which increasingly affects young people.

“The forms of SGBV include harmful practices like Female Genital Mutilation (FGM) and child marriages, defilement, rape, physical assault, and even killings,” the report adds. 

In several counties, SGBV is linked to cultural practices. In Nyanza, the report highlights exploitative “fish-for-sex” exchanges in Mageta, Rigiti, and Sori, while in North Eastern, the use of maslaha, a traditional dispute resolution process, denies victims justice, support, and fails to curb the vice.

Across Western Kenya and parts of the Rift Valley, SGBV is linked to illicit brew dens and unregulated entertainment venues. In the Coast region, tourism and beach trade zones expose young girls to sexual exploitation disguised as employment or gifts.

Cultural norms in counties such as Kajiado, Kisii, Kilifi, and Turkana discourage victims from reporting, with some families mediating defilement cases through informal ‘compensation’ mechanisms rather than seeking justice. Urban and peri-urban counties, including Kisumu, Kiambu, Machakos, and Makueni, report rising domestic violence, often triggered by economic stress, alcoholism, and infidelity.

Chiefs and police officers noted a surge in cases involving minors, particularly by perpetrators known to the victims. 

Defilement remains the most prevalent form of SGBV, with Trans Nzoia reporting frequent cases involving children.

Across all counties, systemic weaknesses hamper justice for survivors. The report cites a lack of forensic capacity, delays in Government Chemist results, insufficient gender desks and female officers, inadequate psychosocial support, cultural interference, witness intimidation, and poor coordination between police, prosecution, and medical services.

Some counties have shown progress. In Kilifi and Makueni, chiefs formed Girls’ Rescue Committees, while Kisii has operationalised gender desks. Elders in Turkana and Samburu have publicly opposed early marriages, and Taita Taveta launched joint community dialogues on SGBV.

To strengthen the response, the report recommends mandatory prosecution of all defilement cases without room for mediation or withdrawal, operationalisation of Children Protection Units (CPUs) in every sub-county, establishment of gender desks in all police stations staffed with trained officers, and intensified crackdowns on illicit brews contributing to sexual offences.

The ministry also recommends collaboration with non-governmental organisations (NGOs) and faith-based organisations to create safe houses and prioritises the establishment of forensic facilities in regions with high SGBV caseloads.