By Ongaga Ongaga
The government has taken a firm stand against the long-standing practice of settling defilement cases quietly and outside the justice system.
This follows a new directive requiring all such cases to undergo full criminal prosecution.
The National Gender and Equality Commission (NGEC) on Wednesday welcomed the move, saying it marks a major step toward protecting children and restoring public confidence in Kenya’s fight against sexual violence.
The directive was issued by the Ministry of Interior and National Administration and comes as the world observes the ongoing 16 Days of Activism Against Gender-Based Violence (GBV).
NGEC Chairperson Rehema Jaldesa said the resolve to end mediation, withdrawal, or informal settlement of defilement cases is long overdue, noting that the country has witnessed a worrying rise in incidents across several regions.
She said communities have often resorted to negotiating privately with offenders—an approach that not only leaves survivors without justice but also exposes children to further harm.
“Defilement is a criminal offence under the Sexual Offences Act. It cannot be negotiated, it cannot be withdrawn, and it cannot be handled in silence,” the Commission emphasized in its statement.
NGEC says the decision aligns with its mandate to promote gender equality and safeguard vulnerable groups.
It also supports the constitutional promise to uphold dignity, safety, and equality for every child. By insisting on full prosecution, the government hopes to deter offenders, strengthen accountability, and reinforce the rule of law in communities where informal settlements have long taken root.