Guidance

Kenya: information for victims of rape and sexual assault

Published 9 November 2022

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the emergency services on 999, 911 or 112 or visit the nearest police station. You should be aware that the capacity of the emergency services to respond varies across Kenya and differs to that in the UK
• contact your tour operator if you are travelling with one
• contact the British High Commission in Nairobi on +254 (0) 20 2844000 or +254 (0) 20 2873000. You can also use our online contact form. Consular staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

If you want to report the incident to the police in Kenya:

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British High Commission on +254 (0) 20 2844000 or +254 (0) 20 2873000 and staff can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

Tell the police if you think you have been drugged.

Insist you get a police report, and request a translation in English if applicable.

Facilities at police stations can be basic and are different to those found in the UK. The procedures, assistance and advice received at police stations may vary.

Most police stations have a gender desk officer who may be better trained to handle rape and sexual assault complaints. Male and female officers are available at most police stations and most police officers speak a good standard of English.

Where the location and timing allow, consular staff can accompany you to the police station and/or hospital should you wish.

Your passport should not be retained during any investigation or court proceedings.

You may wish to engage a lawyer to advise you on the legal processes and advocate for you. Some Gender Based Violence Recovery Centres have paralegals attached to them and may be able to assist you through the process.

Homosexual activity is illegal in Kenya.

If you do not want to report the incident to the police in Kenya

The British High Commission will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK

They can provide you with lists of English-speaking medical facilities and lawyers.

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may also be able to accompany you.

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated.

You can access medical attention even if you choose not to report the incident.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country if you want it to be investigated and police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not wish to report the assault while you are in Kenya, you can report it to your local police on your return to the UK.

The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed

Reporting the crime in Kenya: what happens next

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

Tell the police if you think you have been drugged.

Insist you get a police report.

At the police station, the officer should write a report in the Occurrence Book and a police report number will be available. The officer should assist you with making a statement explaining what happened during the assault. If you are satisfied that the statement is accurate you will be asked to sign it.

You may also be asked if there were any witnesses and they will also be asked to make statements.

You may be asked to visit the scene or identify the attacker.

Physical evidence such as clothes and in some cases electronic equipment may be retained and sent for forensic examination

The police should refer you to a hospital or Gender Based Violence Recovery Centre for treatment and an examination.

The police will also provide a P3 form which is an official request for a medical examination and report on the injuries that the medical practitioner should complete.

The person performing an examination should complete a detailed Post Rape Care (PRC) form. The original is the police copy, the second will be given to you and the third remains at the health facility.

The medical examination: what to expect

Try to get medical attention as soon as possible. By doing this, you will receive necessary treatment and medication. The medical centre will also document your injuries, which is important if you decide to report the assault to the police.

You can receive medical attention from any medical centre. You may wish to consult our list of medical facilities in Kenya.

You can seek medical care regardless of whether you have reported the assault to the police.

There are national guidelines relating to cases of sexual violence. The standard of treatment and examination will vary according to the individual doctor/nurse’s training, understanding of the legal requirements and knowledge of forensic examinations in cases of rape and sexual assault.

The availability and knowledge of specialist rape kits will also vary depending on the facility.

The examination could be performed by a doctor, clinical officer or registered nurse. You can generally request that the examination be performed by either a female or male practitioner. Some facilities have trained reproductive health professionals.

Before any physical examination takes place, you will be asked for a full medical history. You will be asked for written consent for the examination to ensure that you understand the process, the options open to you and that you are able to make informed decisions.

The physical examination would normally include a full body check for pain, bruising, or other injuries.

There may also be an external or internal examination of the genital area.

Swabs may be taken internally and externally. These may include: an outer genital swab, a vaginal swab and rectal swab. Saliva and semen swabs may be taken from areas of the body where traces are noted.

Other samples such as hair, fingernail clippings may be taken.

Photographs may also be taken.

Tests may be performed for HIV, pregnancy and STIs.

Procedures and examinations in cases involving children may differ. Cases involving children must be referred to the police.

Treatment

Emergency contraception is available at most pharmacies though a prescription may be required.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

HIV PEP medication (“Post-exposure prophylaxis”, a treatment that can prevent HIV infection) is available with a prescription.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

Gender Violence Recovery Centres generally provide free initial medical attention as do public health facilities but there would be a charge for medication supplied. Charges may apply for further medical care or hospital admission.

Charges at other hospitals may apply and payment/insurance details may be needed prior to examination and treatment.

Follow up visits and care may be offered and many facilities offer an element of psychological support.

Police investigations in Kenya – what to expect

If an arrest is made, the suspect should appear in court within 24 hours (or if this takes place over a weekend on the next working day).

You may be asked to identify the suspect.

You are not normally required to remain in Kenya once you have recorded your statement and provided any evidence and other relevant information. However, you may be required to provide your contact details to the authorities.

Court procedures: what to expect

Trials in Kenya can take years to conclude with months between hearings. Delays and adjournments are common.

In general, the trial procedure is as follows:

• the accused is charged in court and a plea is taken
• a bail/bond application and a decision on that application is made
• there may be a pre-trial conference at this stage
• the prosecution will present their case first, with opening remarks, witnesses, cross-examination of witnesses, closing remarks.
• the Judge/magistrate determines whether there is a case to answer

If it is found that there is no case to answer, the accused is released.

If it is found that there is a case to answer, the defence will present their case. There will be opening remarks, defence witnesses will be heard and cross-examined , followed by a re-examination of witnesses and closing submissions.

If the accused is found guilty, defence and prosecution remarks and a victim impact statement (if made), will be heard before sentencing.

You would be expected to testify during the hearing of the case on the date given by the court. It may possible for you to testify from the UK, by prior arrangement. The prosecutor must have applied to the court to allow such an arrangement and the accused must be allowed to respond.

Courts are now able to conduct virtual hearings. Where you wish to attend virtually, you should communicate this to the prosecutor who would make the application at the mention date before the hearing date.

You have the right to be informed of the status of your case and to advice by the prosecutor. However, updates are not always provided and the High Commission does not receive updates on a case.

You can also instruct a lawyer to take a watching brief and assist the prosecutor to achieve the best outcome for you.

A local lawyer would be best placed to provide updates on progress in the case.

The prosecutor can instruct the investigating officer to record an additional statement to cover facts that were not captured in your initial statement. Witness statements are supplied to the defence and should contain all the major facts of the incident.

It may be possible to drop the charges and withdraw a case. To do this, you would need to write to the Director of Public Prosecutions who will advise how to withdraw the case. As the case generally depends on the evidence given by the victim, the prosecutor will, in most cases, agree to have the case withdrawn if you so wish unless there are aggravating factors such as where the accused is a danger to public security. There are no legal repercussions as it is considered to be the right of the victim to decide the course of his/her case.

An alleged attacker can sue the government for malicious prosecution, especially where it is shown that the charges were brought with malicious intent.

Sections 23 to 26 of the Victim’s Protection Act provides that a court can order compensation for a victim or an offence. The Victim Protection Regulations are currently under review.

There is no state funded compensation scheme to cover physical or psychological injuries suffered as a result of violent crime. The burden would be on the offender to compensate the victim.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

Region	Contact Details
England	Visit NHS Choices website

Scotland

Archway SARC, phone 0141 211 8175 and Glasgow and Clyde Rape Crisis

Wales

New Pathways SARC, phone 01685 379 310] and Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland, phone 0800 389 4424

Support organisations in Kenya

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you or refer you to suitable organisations:

• Gender Violence Recovery Centre – Nairobi Women’s Hospital (branches in other towns)
• Gender Based Violence Recovery Centre – Coast Provincial General Hospital, Mombasa
• Federation of women Lawyers (FIDA): tel: +254 722509760, email: info@fidakenya.org

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).