STATEMENT ON MANDATORY PROSECUTION OF DEFILEMENT CASES

The National Gender and Equality Commission welcomes the directive issued by the Ministry of Interior and National Administration requiring all defilement cases to proceed through full criminal prosecution with no allowance for mediation, withdrawal or informal settlement. This comes as the world marks the ongoing 16 Days of Activism, and the Commission reiterates the country’s duty to protect children from sexual violence and uphold constitutional guarantees that secure their dignity, safety and equality.

Defilement is a serious offence under the Sexual Offences Act and carries mandatory penalties. A criminal violation cannot be negotiated or resolved privately. Treating it fully within the criminal justice system protects survivors, ensures accountability for offenders and supports public confidence in enforcement and justice institutions. 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 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. It also addresses harmful practices where communities attempt to settle defilement informally, exposing children to further harm and weakening the rule of law.

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. NGEC will intensify monitoring, public awareness and preventive measures to ensure that every child in Kenya grows up safe, protected and able to reach their full potential.

SIGNED

HON. REHEMA JALDESA

CHAIRPERSON

Hon Rehema Jaldesa- Chairperson, NGEC