NGEC backs Interior Ministry ban on mediation, informal settlements in SGBV cases
Kenya’s Gender Commission has backed the Interior Ministry’s ban on mediating or withdrawing sexual and gender-based violence cases, citing rising defilement, child protection duties and systemic justice gaps.
The National Gender and Equality Commission (NGEC) has welcomed the Ministry of Interior's directive barring mediation, withdrawal or informal settlement in sexual and gender-based violence (SGBV) cases.
In a statement on Wednesday, NGEC Chairperson Rehema Jaldesa said the Commission supports the Ministry's position in line with its mandate to promote gender equality and safeguard the rights of vulnerable groups.
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Rehema noted that 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," she said.
She added, "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 reiterates the country's duty to protect children from sexual violence and uphold constitutional guarantees that secure their dignity, safety and equality."
Rehema highlighted that 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," she said.
The Ministry's directive comes as the world marks the ongoing 16 Days of Activism amid a rise in SGBV in the country, as captured in the Jukwaa la Usalama report launched by President William Ruto on Tuesday at State House, Nairobi.
According to the report, SGBV remains prevalent, in some areas happening daily, due to the stigma involved in reporting such cases.
"Across all counties, systemic weaknesses hinder effective response to SGBV. Challenges include: a lack of forensic capacity and delays in government chemist results, insufficient gender desks and a lower number of female officers in rural stations, inadequate psychological support and safe houses for survivors, cultural interference and intimidation of witnesses during investigations, and poor coordination between police, prosecution, and medical services, often leading to cases collapsing," the report stated.
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