Kenya's DPP Considers Investigating RSF Members for International Crimes

• Kenya's Director of Public Prosecutions is considering investigating RSF members for alleged international crimes committed in Sudan.
• The complaint alleges torture, unlawful detention, conflict-related sexual violence, and killings committed between April 2023 and March 2025.
• Kenya has no sustained record of prosecuting international crimes, but its laws permit the prosecution of foreign nationals.
• Establishing RSF leaders' responsibility would require reconstructing command structures and linking perpetrators to those who ordered or enabled their conduct.

The complaint tests not only Kenya's laws and capacity but also its willingness to use them when accountability carries a political cost.

The decision by Kenya's Director of Public Prosecutions to consider investigating members of the Rapid Support Forces (RSF) for alleged international crimes committed in Sudan is a significant development. The complaint filed by two non-profit human rights organisations, Legal Action Worldwide and the African Centre for Justice and Peace Studies, on behalf of 12 Sudanese victims, alleges torture, unlawful detention, conflict-related sexual violence, and killings committed between April 2023 and March 2025. This marks the first time Kenya has been asked to investigate RSF members for such crimes. The filing is a test not only of Kenya's laws and capacity but also its willingness to use them when accountability carries a political cost.

The International Crimes Act, 2009, which domesticates the Rome Statute of the International Criminal Court (ICC), provides the legal basis for Kenya to prosecute foreign nationals, including RSF members. However, Kenya has no sustained record of prosecuting international crimes, and its institutional practices are not comparable to those of countries with specialised universal jurisdiction or international crimes units. The country's technical and institutional limitations could be mitigated through cooperation under its 2011 Mutual Legal Assistance Act or through a regional body like the African Union.

Establishing the responsibility of RSF leaders would require reconstructing command structures and linking direct perpetrators to those who ordered, enabled, or failed to prevent their conduct. Credible investigations would also necessitate expertise in international criminal law, command responsibility, conflict-related sexual violence, digital and financial evidence, witness protection, and mutual legal assistance. The complaint raises difficult questions about access to Sudanese crime scenes, the admissibility of testimony and documentation gathered by victims, refugees, and civil society, and the feasibility of conventional investigation given continuing insecurity and uncertain cooperation from Sudan's authorities.

A lawyer or compliance officer should watch for the potential implications of this development on their clients' businesses operating in Kenya, particularly those with ties to Sudan. They may need to advise their clients on the risks and opportunities arising from Kenya's decision to investigate RSF members.

Source: Original reporting via Briefly