Justice Update – Universal Jurisdiction for Sudan in Kenya

Kenya Moves to Apply Universal Jurisdiction in First-Ever Case Targeting Sudanese War Crimes

NAIROBI, Kenya — Kenya has initiated its first potential war crimes case under universal jurisdiction, targeting mid- to senior-level commanders of Sudan’s Rapid Support Forces (RSF) allegedly responsible for atrocities committed in Khartoum. The case, filed under the 2008 International Crimes Act, marks a significant step in holding perpetrators accountable beyond Sudan’s borders.

Legal Action Worldwide (LAW), an international human rights organization, has supported 10 Sudanese victims—whose identities remain protected due to credible threats of retaliation—in filing a complaint against the accused commanders. The victims, who were detained in facilities such as Soba Prison and the Riyadh Complex, allege war crimes and crimes against humanity, including murder, unlawful imprisonment, and sexual violence.

Antonia Mulvey, LAW’s executive director, emphasized the courage required to pursue accountability. “One of the women we represent told me, ‘I’m filing this complaint because I don’t want what happened to me to happen to any other women,’” Mulvey stated in an interview with *Asymmetrical Haircuts*. The case asserts that the accused commanders, some with documented ties to Kenya—including residency, financial connections, and frequent travel—have evaded justice in Sudan.

Kenya’s legal framework under the International Crimes Act provides jurisdiction over offenses committed abroad by non-Kenyans if the accused are present in the country. Owiso Owiso, a Kenyan-based international lawyer representing the victims, acknowledged the challenges of navigating Kenya’s justice system, noting that the case faces procedural hurdles similar to those in the landmark "Baby Pendo" case, where police were accused of killing a six-month-old infant during post-election violence in 2017.

Owiso, who also works on the Baby Pendo case, described the effort as “pushing a boulder up a hill,” citing systemic delays and institutional resistance. “The realities of the Kenyan justice system are such that even when legal avenues exist, implementation is fraught with obstacles,” he said.

The case coincides with heightened international scrutiny of Sudan’s ongoing conflict. In a recent interview with Reuters and the BBC, Deputy Prosecutor Nazhat Shameem Khan of the International Criminal Court (ICC) hinted at “breakthroughs” in the ICC’s Darfur investigations, though details remain undisclosed. The ICC has maintained a long-standing investigation into alleged atrocities in Darfur since 2005, with a recent focus on crimes linked to the RSF and allied militias.

Kenya’s move reflects a broader trend of African states applying universal jurisdiction to address impunity. “We want to bring these cases nearer to where the crimes are taking place, nearer to where the victims and survivors are, and, importantly, where the perpetrators are,” Mulvey said. Refugees fleeing Sudan’s war have also sought safety in Kenya, further tying the country to the conflict’s aftermath.

Legal experts warn that while the case sets a precedent, its success hinges on political will and judicial efficiency. Kenya’s progression of the matter will be closely watched as a test of whether universal jurisdiction can provide a viable path to justice in the absence of accountability in Sudan.