What's happened
Kenya is weighing formal investigations into RSF crimes abroad under universal jurisdiction, following a 12-victim complaint detailing torture, sexual violence and killings around Khartoum between 2023 and 2025. The filing marks a historic use of Kenya’s legal framework and could set a precedent for accountability beyond borders.
What's behind the headline?
Insightful analysis
- The case tests universal jurisdiction as a legal instrument beyond national borders, potentially setting a precedent for other countries in Africa and beyond.
- Kenya’s ability to act hinges on political will as RSF-linked figures are believed to have ties in Kenyan circles, complicating prosecution prospects.
- The move could catalyze regional accountability, but faces scrutiny over whether domestic courts can sustain robust investigations into complex international crimes.
What this means for readers: domestic action against cross-border crimes may become a more common pathway for justice when international mechanisms are constrained.
How we got here
The filing in Nairobi accompanies a broader pattern of international accountability efforts for Sudan’s war crimes. The RSF has controlled Khartoum and surrounding areas, with victims alleging torture, sexual violence, and killings. Kenya’s DPP faces a decision within 30 days on whether to open a formal investigation, a move that could redefine regional responses to atrocity crimes.
Our analysis
Legal Action Worldwide (LAW) and the African Centre for Justice and Peace Studies (ACJPS) describe a landmark use of universal jurisdiction. Rights groups say the Kenyan move could pressure other states, while RSF and Kenyan authorities have not publicly commented in detail. The Associated Press has reported on RSF links to Kenya, adding diplomatic tension to the case.
Go deeper
- Will Kenya open a formal investigation within 30 days as the DPP weighs charges?
- Could other countries follow Kenya’s lead in exercising universal jurisdiction for crimes committed abroad?
- What evidence supports claims of RSF ties to Kenya and how might that affect the case?
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Khartoum - Capital of Sudan
Khartoum or Khartum is the capital of Sudan. With a population of 5,274,321, its metropolitan area is the largest in Sudan, the sixth-largest in Africa, the second-largest in North Africa, and the fourth-largest in the Arab world.
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Darfur
Darfur is a region of western Sudan. Dār is an Arabic word meaning "home [of]" – the region was named Dardaju while ruled by the Daju, who migrated from Meroë c. 350 AD, and it was renamed Dartunjur when the Tunjur ruled the area.
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Kenya - Country in East Africa
Kenya, officially the Republic of Kenya, is a country in Eastern Africa. At 580,367 square kilometres, Kenya is the world's 48th largest country by total area. With a population of more than 47.6 million people, Kenya is the 29th most populous country.
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International Criminal Court - Intergovernmental organization
The International Criminal Court is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands.
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Mohamed Hamdan Dagalo - Military personnel
General Mohamed Hamdan Dagalo, generally referred to as Hemetti, Hemedti, Hemeti or Hemitte, is a Janjaweed from the Rizeigat tribe in Darfur, who was the Deputy head of the Transitional Military Council following the 2019 Sudanese coup d'état.
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Sudan - Country in North Africa
Sudan, officially the Republic of the Sudan, is a country in North-East Africa. It is bordered by Egypt to the north, Libya to the northwest, Chad to the west, the Central African Republic to the southwest, South Sudan to the south, Ethiopia to the southe