Rights groups ask court to order probe into political violence ahead of 2027 polls
They are seeking orders directing the government to establish a multi-agency task force within 30 days to identify those organising, financing and carrying out the attacks.
Six petitioners, including the Kenya Human Rights Commission (KHRC), Katiba Institute and the Independent Medico-Legal Unit (IMLU), have asked the High Court to compel security agencies to investigate alleged organised attacks on political, civic and religious gatherings ahead of the 2027 General Election.
In a petition filed at the Milimani Law Courts, the petitioners want the National Intelligence Service (NIS) and the National Police Service (NPS) held accountable for what they describe as a failure to prevent, investigate and prosecute politically motivated violence.
They are seeking orders directing the government to establish a multi-agency task force within 30 days to identify those organising, financing and carrying out the attacks.
The proposed team would comprise officers from the police and the Directorate of Criminal Investigations (DCI), working alongside the Office of the Director of Public Prosecutions (ODPP).
It would investigate reported incidents, monitor emerging threats and publish periodic reports on measures taken to curb political violence.
The petitioners argue that the alleged attacks threaten constitutional freedoms, including peaceful assembly, association, expression, political participation and worship.
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“These freedoms cannot be meaningfully exercised when individuals attending political rallies, civic forums, religious services or press conferences face threats of violence,” the petitioners contend.
They also want investigations into allegations that political parties or their officials have recruited, funded or facilitated armed groups, in breach of Article 91(2)(c) of the Constitution, which prohibits political parties from establishing or maintaining paramilitary forces or militias.
Among the incidents cited is an alleged attack on KHRC offices in Nairobi on July 6, 2025, when armed assailants reportedly disrupted a press conference organised by mothers of victims of police brutality ahead of the Saba Saba commemorations.
KHRC says it provided police with CCTV footage and other evidence under Occurrence Book number 45/06/07/2025 but claims no meaningful investigative or prosecutorial action had followed by the time the petition was prepared.
The petitioners want the NIS Director-General and the Inspector-General of Police ordered to preserve relevant evidence, including CCTV recordings, police records and communication data, and forward investigation files to the DPP for consideration of criminal charges.
They further seek a joint report within 60 days detailing investigative progress, findings and files submitted for possible prosecution.
The rights groups are also asking the court to require the government to explain the outcome of a nationwide crackdown on organisers and financiers of political violence announced in December 2025 and referenced in subsequent public statements in 2026.
They want a report within 90 days outlining investigations conducted and action taken against suspects.
Other proposed orders include a national framework for preventing organised violence, adequate security for lawful public gatherings and independent monitoring by the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights (KNCHR).
The petitioners also seek quarterly reports for six months and general and aggravated damages for alleged violations arising from attacks on June 12, 2026, and July 6, 2025.
They want the court to retain supervisory jurisdiction to ensure compliance with any orders issued.
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