The National Gender and Equality Commission has welcomed the Interior Ministry’s directive requiring every defilement case to go through full criminal prosecution, saying the decision strengthens child protection and closes the door to mediation, withdrawal, or private settlements.
In a statement issued on December 3, the Commission said the directive, released during the 16 Days of Activism, reinforces the country’s duty to safeguard children from sexual abuse and ensure that offenders face the law without exception. It noted that the move supports Kenya’s commitment to justice, dignity, and the safety of all children.
“The Commission welcomes the directive, requiring all defilement cases to proceed through full criminal prosecution with no allowance for mediation, withdrawal or informal settlement,” NGEC said in a statement.
The Commission explained that defilement remains a grave offence under the Sexual Offences Act, which sets out mandatory punishments for those found guilty. It added that such violations cannot be solved privately and must always be handled within the justice system to protect survivors and support confidence in enforcement institutions.
NGEC linked the directive to a rising number of reported cases in several parts of the country.
In Busia and Nairobi, authorities have documented incidents where most perpetrators were family acquaintances. One such case in Nairobi involved a 14-year-old girl who was allegedly defiled by a worker at her school in 2024.
According to the Commission, law enforcement bodies across the country have restated the need for mandatory prosecution, echoing the Interior Ministry’s stand.
Child protection groups and experts have also warned that informal settlements place minors at greater risk and weaken the rule of law.
“The Ministry's decision responds to the documented rise in defilement cases in several regions and calls for coordinated action by law enforcement, community structures and the wider justice chain,” the Commission noted.
The Commission said the directive is in line with its role to promote gender equality and defend vulnerable groups, adding that it strengthens the principle of non-discrimination and supports the State’s duty to provide meaningful justice for survivors.
NGEC also raised concerns over harmful practices where communities attempt to manage such cases outside the law, saying these actions expose children to more danger.
It affirmed that enforcing prosecution ensures that every child who survives sexual violence receives protection and an opportunity for justice.
As part of its ongoing work, NGEC stated that it will continue cooperating with the National Police Service, the Office of the Director of Public Prosecutions, county governments, and community groups to enhance reporting and proper handling of cases.
“The Commission will continue working with the National Police Service, the Office of the Director of Public Prosecutions, county governments, and community structures, to promote timely reporting and proper handling of all defilement cases,” the statement read.
The Commission further pledged to expand awareness campaigns, monitoring efforts, and prevention work to help ensure children grow up safe and supported. The statement was signed by the Commission’s chairperson, Rehema Jaldesa, who reaffirmed the institution’s dedication to child protection and equality.
NGEC urged all stakeholders to handle defilement cases with full seriousness and avoid any attempts to solve them informally.
“The Commission supports this position in line with its mandate to promote gender equality and safeguard the rights of vulnerable groups. The directive protects the best interests of the child, upholds the principle of non-discrimination and strengthens the State's responsibility to provide meaningful remedies for survivors,” NGEC affirmed.
The Commission said the directive marks a major step toward improving Kenya’s justice system for children and reflects the Government’s commitment to ending sexual violence. It added that it will keep monitoring compliance to ensure survivors’ rights are respected.
