The Kenya Human Rights Commission (KHRC), Katiba Institute, Independent Medico-Legal Unit and three others have filed a petition at the Milimani Law Courts seeking to compel state agencies to investigate alleged organised attacks targeting civic, political and religious gatherings ahead of the 2027 General Election.
The petitioners are challenging what they describe as the State’s failure to prevent, investigate and prosecute politically motivated violence, warning that continued attacks and impunity threaten constitutional freedoms.
They want the court to order investigations into the incidents, including alleged networks involved in financing and recruiting individuals to carry out the attacks.
The petition seeks orders compelling the Director General of the National Intelligence Service and the Inspector General of Police to preserve evidence, including police Occurrence Book entries, CCTV footage and communication records, and forward investigation files to the Director of Public Prosecutions (DPP) for consideration.
The agencies would also be required to file a joint report within 60 days detailing the progress and findings of the investigations and the files submitted to the DPP.
The petitioners further want investigations into whether any political party or its officials sponsored, financed or facilitated the armed groups identified in the petition, contrary to Article 91(2)(c) of the Constitution.
They are also asking the court to direct the establishment of a dedicated, adequately resourced multi-agency task force within 30 days to monitor and investigate the organisation and financing of politically motivated gang violence, with a view to prosecution.
The proposed task force would draw personnel from the National Police Service and the Directorate of Criminal Investigations while working with the DPP. It would also be required to submit periodic public reports to the court on measures taken to prevent, detect, investigate and prosecute political violence.
The petitioners want the court to retain supervisory jurisdiction to monitor compliance with the proposed orders.
They are also seeking a coordinated national framework for preventing, investigating and prosecuting organised political and civic violence. The framework would define the responsibilities of relevant institutions, establish reporting and escalation procedures, provide for intelligence sharing and victim protection, and ensure complaints are acted upon promptly.
Under the proposed orders, the agencies would submit quarterly reports for six months, or another period determined by the court, detailing investigations launched, prosecutions instituted and measures taken to protect lawful public gatherings.
The reports would cover incidents affecting the exercise of political rights under Article 38 of the Constitution, including the status of cases and the individuals charged.
The petitioners also want the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights to independently monitor religious, civic and political gatherings and submit periodic reports on the electoral environment and Kenya’s compliance with constitutional and international human rights obligations.
They are further seeking orders requiring the Inspector General of Police to take reasonable and non-discriminatory measures to provide adequate security for lawful public gatherings, including political rallies, religious services, civic forums and press conferences.
The petition also seeks a report within 90 days on the outcome of a nationwide crackdown targeting organisers and financiers of violence, which the petitioners say was announced by the fourth respondent in December 2025 and referenced again in April, August and September 2026.
In addition, the petitioners are seeking general and aggravated damages over alleged violations of KHRC’s constitutional rights arising from attacks on July 6, 2025, and June 12, 2026. They also seek damages over alleged violations of the fourth and fifth petitioners’ rights arising from the July 2025 attack, alongside the costs of the petition.
The petition argues that citizens cannot meaningfully exercise their rights to political participation, peaceful assembly, association, expression and worship if they face violence, intimidation or threats.
The petitioners contend that the State has a constitutional obligation to maintain public order, protect fundamental rights and enforce criminal law impartially.
According to the filing, incidents reported since early 2025 point to an alleged pattern of organised violence targeting people participating in lawful civic, political and religious activities. The petition cites video footage, media reports, civil society statements, research into the financing of political violence and public statements by senior state officials as evidence supporting the claims.
KHRC says it was directly targeted on July 6, 2025, when armed assailants allegedly stormed its Nairobi offices and disrupted a press conference organised by mothers of victims of police brutality ahead of the Saba Saba commemorations.
The organisation says it submitted CCTV footage and other evidence to the National Police Service under Occurrence Book number 45/06/07/2025, but no meaningful investigative or prosecutorial action had been taken by the time the petition was prepared.
