The Kenya Human Rights Commission (KHRC), Katiba Institute, Independent Medico-Legal Unit (IMLU) and three other petitioners have filed a constitutional petition at the High Court in Nairobi, seeking action against alleged organised violence targeting civic, political and religious gatherings across the country.
The petition names the Attorney-General, the Director-General of the National Intelligence Service (NIS), the Inspector-General of Police and the Cabinet Secretary for Interior and National Administration as respondents. The Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights (KNCHR) are listed as interested parties.
The petitioners argue that a pattern of violence reported since early 2025 has been enabled by failures by security agencies to prevent attacks, investigate perpetrators and prosecute those responsible. They warn that the incidents threaten fundamental rights and could undermine preparations for the August 10, 2027 General Election.
Among the incidents cited is the July 6, 2025 attack on KHRC offices in Nairobi, where armed men allegedly disrupted a press conference by mothers of victims of police brutality. The incident was recorded under Occurrence Book number 45/06/07/2025.
The petition also cites an attack on PCEA Berea Parish in Kariobangi North on November 30, 2025, and an incident on June 12, 2026, when armed youths allegedly stormed All Saints Cathedral in Nairobi during a national budget forum organised by civil society groups.
Other incidents include reported violence and assaults on journalists during the Ol Kalou Constituency by-election on July 16, 2026, and an attack on a political convoy and public gathering in Homa Bay County on August 16, 2026, which allegedly left vehicles torched and people injured, with fatalities also reported.
The petitioners contend that the incidents violate constitutional protections, including political rights under Article 38 and freedoms of expression, media, association and assembly under Articles 33, 34, 36 and 37. They also cite provisions protecting the right to life, freedom from torture and security of the person.
They further allege that selective police protection for government-aligned events, compared with opposition and civil society gatherings, violates the constitutional guarantee of equality. The petition also raises concerns over alleged organised and financed groups operating in ways the petitioners say may contravene Article 91(2)(c), which prohibits political parties from maintaining armed groups.
The petitioners are asking the court to order the preservation of relevant evidence, including CCTV footage, police Occurrence Book records and communication data. They also want security agencies compelled to investigate the alleged financing and recruitment networks behind the violence and submit a report within 60 days.
Among the other orders sought is the establishment of a multi-agency task force to monitor and investigate political gang violence ahead of the 2027 elections, as well as a national framework for preventing and prosecuting political and civic violence.
The petition also seeks regular compliance reports under court supervision and a role for the IEBC and KNCHR in monitoring the electoral environment. The petitioners want declarations that the alleged failures by State agencies are unconstitutional and that political parties are prohibited from maintaining armed groups.
Additionally, they are seeking general and aggravated damages for alleged rights violations affecting KHRC and other petitioners, as well as the costs of the case.
The allegations and requests are before the court for determination.
