Africa: Will Kenya Investigate and Prosecute Sudan's RSF?

What the report says

An Institute for Security Studies analysis published by AllAfrica says Kenya is weighing whether to investigate and prosecute members of Sudan’s Rapid Support Forces over alleged international crimes. The discussion follows a June criminal complaint submitted to Kenya’s Director of Public Prosecutions by Legal Action Worldwide and the African Centre for Justice and Peace Studies on behalf of 12 Sudanese victims. The allegations include torture, unlawful detention, conflict-related sexual violence and killings linked to events in and around Khartoum between April 2023 and March 2025.

The article says Kenya’s International Crimes Act could allow prosecution of foreign nationals if a suspect is present in the country, but notes that Kenya has limited experience handling universal-jurisdiction cases. It argues that any case would require difficult evidence-gathering, witness protection and cooperation with Sudanese or regional partners, especially since investigators cannot directly operate in Sudan. The analysis points to examples from Europe showing that refugee and diaspora testimony can support international-crimes cases.

The piece concludes that the biggest barrier may be political rather than legal. It says Kenya’s decision could be shaped by its relations with Sudanese actors, wider regional dynamics, and the government’s own interest in mediating the conflict. The authors also note that the case could become a broader test of Kenya’s willingness to apply its laws to politically sensitive allegations, while potentially creating an official record for Sudanese victims and expanding accountability efforts beyond Sudan.