Sudan: Sudanese Survivors Seek Justice in Kenya

"The Rapid Support Forces (RSF) violently interrogated me, detained me in darkness for weeks, and tried to force me to rape a male cellmate at gunpoint."

The testimony was among several included in a landmark criminal complaint filed in Nairobi by twelve Sudanese survivors accusing members of the paramilitary Rapid Support Forces (RSF) of war crimes and crimes against humanity committed during Sudan's ongoing conflict.

Last week, on behalf of twelve Sudanese victims, Legal Action Worldwide (LAW) and the African Centre for Justice and Peace Studies (ACJPS) - represented by Otieno Ogola and Company Advocates - filed the complaint with Kenya's Director of Public Prosecutions (DPP).

The filing accuses ten RSF members of committing international crimes in and around Khartoum between April 2023 and March 2025. The complaint marks the first time in Kenya's history that a case involving war crimes and crimes against humanity committed outside the country has been filed under the principle of universal jurisdiction.

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Under universal jurisdiction, national courts can prosecute grave international crimes, regardless of where they occurred. For many Sudanese survivors, the filing represents one of the few remaining paths toward accountability after more than two years of conflict devastated Sudan's justice system and left millions displaced.

Surviving unspeakable acts

According to the complaint, the twelve survivors were illegally detained, tortured, and raped, and they witnessed family members being murdered. The alleged crimes took place in and around Khartoum, including in Soba Prison, the Al-Riyadh complex, and informal detention sites.

Both men and women reported severe abuses inside the detention facilities. The complaint states that RSF members used sexual violence to punish and humiliate civilians accused of supporting the Sudanese Armed Forces (SAF). More than one woman was allegedly subjected to sexual slavery. Several survivors described prolonged detention, severe torture, starvation, and degrading treatment inside RSF-controlled sites. Others said they witnessed detainees being killed during detention.

"With this filing, I have had my voice heard and drawn the attention of the region and the international community to the horrific human rights violations being perpetrated against civilians in Sudan. I hope these efforts will help bring an end to impunity," said Ali B., one of the survivors involved in the complaint.

Rights groups and international organisations have repeatedly documented allegations of torture, sexual violence, unlawful detention, enforced disappearance, and mass civilian killings committed during the war. However, survivors and legal advocates argue that both domestic and international accountability efforts have remained limited.

Kenya faces a historic test

The Nairobi complaint has placed Kenya at the centre of an unprecedented legal and political debate about accountability for Sudan's war. Several of the accused RSF commanders reportedly reside in Kenya or frequently move in and out of the country. Over the past two years, Nairobi hosted several meetings involving RSF officials and Sudanese political groups, drawing accusations from some Sudanese factions that Kenya abandoned neutrality in the conflict.

Many observers remain sceptical that Kenyan authorities will act decisively against the accused commanders, given the alleged ties between RSF-linked figures and both Kenyan political and business circles. Still, the rights organisations behind the complaint insist that the filing itself already represents a significant challenge to impunity.

"The victims and survivors have waited a long time to see justice served at the national and international levels. This action today gives hope to many Sudanese to work toward combating impunity for such crimes and atrocities, not only against the RSF but also the Sudanese Armed Forces," said Mossaad Mohamed Ali, ACJPS's executive director.

For survivors and legal advocates, the complaint now places Kenya in a difficult position between diplomatic considerations and increasing demands for accountability.

"The UN recently found that the RSF committed genocide, war crimes, and crimes against humanity," stressed Antonia Mulvey, LAW's executive director. "The RSF have continuously destroyed the lives of millions of people across Sudan, killed tens of thousands, starved them, and sexually enslaved them, including children. The Kenyan public is aware that some of the perpetrators are travelling freely in and out of the country. Many are furious that the authorities have allowed such atrocities to happen. Kenya should not be a safe haven for war criminals."

A regional precedent

Under Kenyan law, the director of the public prosecutions is expected to determine within 30 days whether to open a formal investigation into the allegation. The decision could determine whether Kenya becomes the first country outside Sudan to directly pursue criminal accountability linked to atrocities committed during the conflict. Legal experts involved in the complaint say the filing could also shape future universal jurisdiction cases in East Africa.

"This is not only an opportunity to test Kenya's commitment to international justice. It is also a demonstration that, although domestic accountability systems and the international community have failed the people of Sudan, avenues for accountability are not entirely closed," said Dr Owiso Owiso, Kenyan counsel for the complainants.

For many Sudanese survivors, however, the case carries significance beyond legal proceedings. Several victims described the filing as an attempt to publicly document crimes committed in hidden detention facilities and conflict zones largely inaccessible to investigators and journalists. Others hope the case may encourage additional survivors to come forward with testimonies.

Beyond Darfur

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The Kenyan filing also reflects growing frustration among Sudanese victims and rights organisations regarding the limitations of international accountability mechanisms. Currently, the mandate of the International Criminal Court remains confined to Darfur despite mounting allegations of atrocities across Khartoum, Jazeera, South Kordofan, and other parts of Sudan.

Rights groups argue that widespread abuses committed outside Darfur have received far less international legal attention despite extensive documentation.

During a briefing that took place on 10 June, LAW officials expressed hope that international accountability efforts could eventually expand beyond Darfur to include crimes committed across Sudan; they also stressed their hope in the Kenyan DPP to review the filing carefully and make the right call.

Rights groups involved in the Kenya filing insist that accountability should apply to all perpetrators regardless of affiliation. Although the current complaint targets RSF members, the organisations behind the case stressed that victims of abuses committed by the SAF and affiliated armed groups are also entitled to justice.

As the DPP reviews the complaint over the coming weeks, survivors and activists say the outcome will carry significance beyond Kenya. Whether authorities decide to proceed with an investigation or not, the filing has already marked a new stage in Sudanese efforts to pursue justice outside the country's collapsed institutions.