Survivors of Sexual violence sue AG, Interior and Health CSs, IG, cite lack of proper systems to handle and analyse specimens

Every time a girl is defiled, or a woman is raped, the police and courts often rely on physical examination and accounts from the victims.

Rarely do they use DNA science to nab the perpetrators or create a databank of sex pests. In instances where they require testing the sperm, they will either rely on the Directorate of Criminal Investigations headquarters or the Kenya Medical Research Institute (KEMRI) to make conclusions.

Even worse, very few police stations and public health facilities lack trained forensic examiners, standardized rape kits, chain-of-custody tools, specimen-collection equipment, forensic nurses, medico-legal documentation guidelines, and accredited forensic examination locations.

This disjointed bid against sexual violence is at the heart of a case filed by survivors who argue that the government has done little to help them get justice.

 They claim that it is common for crucial scientific evidence to either be lost or deteriorate in the custody of police officers, and that there are no systems in place or facilities at all police stations to ensure it is properly stored.

“ Even in the limited number of cases where forensic evidence is collected, biological samples, toxicology materials, and other exhibits routinely rot, degrade, or expire while held at police stations, the Government Chemist, or public hospitals. This occurs due to the absence of storage regulations, the lack of medico -legal mortuary standards, inadequate refrigeration and biospecimen facilities, the absence of clear inter-agency transfer mechanisms, and the lack of regulations governing the safe disposal of expired or contaminated forensic materials,” the survivors’ case filed before the High Court reads in part.

The group, under Survivors of Sexual Violence Kenya (SSV Kenya), has sued the Attorney General, Interior Cabinet Secretary, Inspector General of Police, Health Cabinet Secretary, Director General for Health, the Kenya Law Reform Commission, Kenya Medical Supplies Authority (Kemsa) and Kenya Bureau of Standards (Kebs).

 They argued that the fragmented management of forensic and medico-legal functions fails to meet the basics of reliability and chain of custody integrity.

“ As a consequence, Kenya's forensic capacity is severely deficient. Critical forensic disciplines, including DNA analysis and profiling, toxicology, forensic pathology, crime- scene reconstruction, digital and cyber forensics, ballistics, fingerprint analysis, environmental forensics, and child-friendly forensic interviewing, are grossly underdeveloped, inaccessible in most counties, and, in many counties, entirely nonexistent,” it continues to read.

In her supporting affidavit, Alice Karanja, who is a coordinator in Kiambu, claimed that the country still relies on an old style of dealing with sexual crimes. At the same time, it can use modern systems and tactics to tame, if not end, it.

She explained that even with the Directorate of Criminal Investigations (DCI) having a forensic laboratory, the training on how to handle specimens and data relating to a crime has not been cascaded to the officers below.

“This regulatory and institutional vacuum has had systemic and predictable consequences. Most police stations and public health facilities lack trained forensic examiners, standardized rape kits, chain-of-custody tools, specimen-collection equipment, forensic nurses, medico-legal documentation guidelines, and accredited forensic examination locations. As a result, the majority of victims of crime never have evidence properly collected at the point of first contact with the justice or health system,” said Karanja.

She pointed an accusing finger at the Interior CS, who she claimed has to date not integrated the forensic science discipline into the police training. She was of the view that even the universities have no curriculum on forensic DNA analysis, cyber forensics, among others. She also accused the health CS of failing to gazette county, private and national hospitals as designated forensic science examination centers.

Karanja argued that the government had gone ahead with developing a National Forensic Science Bill, 2026, but first without addressing the gaps affecting the fight against sexual violence.

According to her, the government is putting the cart before the horse. She was of the view that it first needs to deal with the gaps, then seek a consensus on what should be done before formulating the law.

“ The Cabinet Secretary for Interior and National Administration, the 2nd Respondent, acting in conjunction with the Kenya Law Reform Commission, the 6th Respondent, has sought to advance the Draft National Forensic Science Bill, 2026 without first developing a clear and coherent policy framework capable of identifying the specific governance problems to be addressed, delimiting institutional mandates, evaluating existing statutory structures, assessing implementation feasibility, or providing an evidence-based justification for the proposed legislative intervention,” she claimed.

The survivors want the court to force the CS to undertake and publish a comprehensive legal, policy and institutional review of Kenya's forensic system; convene inter-sectoral stakeholder consultation. They are also seeking orders barring the government from proceeding with the proposed law to guide forensic investigations and data storage in the country.