The National Gender and Equality Commission (NGEC) has issued a stern warning to public health facilities against refusing medical treatment to survivors of Sexual and Gender-Based Violence (SGBV) due to lack of Social Health Authority (SHA) registration, unpaid fees, or absence of a police report.

In an advisory released on Tuesday, NGEC Chairperson Rehema Dida Jaldesa emphasized that survivors are legally entitled to immediate, free, and dignified medical care in all public health institutions across Kenya. She clarified that no survivor should be turned away, required to pay fees, or asked to complete SHA registration before receiving emergency services.

Entitled Medical Services

  • Free medical examination and treatment of injuries
  • Post-Exposure Prophylaxis (PEP) to prevent HIV infection
  • Emergency contraception to avoid unwanted pregnancy
  • Pre-Exposure Prophylaxis (PrEP) when medically appropriate
  • Forensic evidence collection and preservation
  • Completion of P3 and Post Rape Care (PRC) forms
  • Counselling and psychosocial support

The Commission underscored that these services must be offered without discrimination based on insurance status, payment ability, age, gender, or any other factor. These rights are protected under the Sexual Offences (Medical Treatment) Regulations, 2012, and the Constitution of Kenya.

Prohibited Practices

NGEC warned that it is unlawful for public health workers to delay treatment due to stock shortages, lack of donor funding, or incomplete SHA registration. Denying examination, refusing forensic evidence collection, or turning survivors away violates constitutional rights to health, dignity, equality, and access to justice.

Guidance for Survivors

Survivors are encouraged to assert their right to free post-rape care by informing health workers of their entitlement under the Sexual Offences Act. They should also request to speak to facility managers if services are withheld.

If treatment is still denied, survivors should document the names of involved health workers and report the incident to NGEC, the Kenya Police Gender Unit, or the County Health Department.

The Commission reminded survivors to seek medical care promptly, ideally within 72 hours, to maximize the effectiveness of PEP. It also advised survivors to seek support from trusted individuals when accessing services and assured that all care must be confidential and respectful to prevent secondary victimization.

Community Role

NGEC called on communities to support survivors by facilitating access to immediate medical care and reporting any health facility that denies or charges for SGBV services. The Commission also urged citizens to register with SHA to promote accountable health service delivery.

“Free, timely and dignified care for survivors of Sexual and Gender-Based Violence is not a favour; it is your constitutional and legal right. Seek Help Promptly. Know Your Rights. Report Any Violations,” Jaldesa stated.