Rights groups sue State over alleged political violence ahead of 2027 polls

NAIROBI,Kenya Oct 28 – Human rights organisations have moved to the High Court seeking orders compelling State agencies to investigate alleged organised attacks on political, civic and religious gatherings, warning that failure to hold perpetrators accountable threatens fundamental freedoms ahead of the 2027 General Election. The Kenya Human Rights Commission (KHRC), Katiba Institute, the Independent Medico-Legal Unit and three other petitioners accuse the State of failing to prevent, investigate and prosecute politically motivated violence targeting Kenyans exercising their constitutional rights. In the petition filed at the Milimani Law Courts, the petitioners want the court to compel the Director-General of the National Intelligence Service (NIS) and the Inspector-General of Police to investigate the attacks, including the alleged networks responsible for recruiting, financing and deploying individuals to disrupt public gatherings. They are also seeking orders requiring the agencies to preserve critical evidence, including police Occurrence Book entries, CCTV footage and communication records, and forward completed investigation files to the Director of Public Prosecutions (DPP) for a decision on whether charges should be preferred. The petitioners want the agencies to submit a joint report within 60 days detailing the progress of investigations, their findings and the files forwarded to the DPP. They further want investigators to establish whether political parties or their officials sponsored, financed or facilitated the armed groups implicated in the alleged attacks, arguing that such conduct would contravene Article 91(2)(c) of the Constitution. The legal action seeks to address what the petitioners describe as a persistent pattern of organised violence against people participating in political activities, peaceful demonstrations, civic forums and religious gatherings. They argue that intimidation and attacks on such gatherings undermine constitutional guarantees on political participation, freedom of assembly, association, expression and worship. As part of the proposed remedies, the petitioners want the court to direct the State to establish a dedicated, adequately funded multi-agency task force within 30 days to investigate and pursue prosecutions relating to the organisation and financing of politically motivated gang violence. The proposed team would draw personnel from the National Police Service and the Directorate of Criminal Investigations, working in coordination with the DPP. The task force would be required to provide periodic public reports to the court detailing measures taken to prevent, detect, investigate and prosecute political violence as the country prepares for the 2027 elections. The petitioners are also asking the court to retain supervisory jurisdiction over the matter to ensure that State agencies comply with any orders issued. Beyond investigations, the groups want the respondents to develop a coordinated national framework for preventing and responding to organised political and civic violence, subject to the court’s approval. The proposed framework would spell out the responsibilities of different State institutions, establish clear channels for reporting and escalating threats, provide for intelligence sharing and victim protection, and ensure that complaints and intelligence lead to timely action. The petitioners want the agencies to implement the approved framework within timelines set by the court and continue reporting until the alleged constitutional violations have been addressed. They are further seeking quarterly reports for six months, or another period the court may determine, detailing preventive measures, investigations launched, prosecutions initiated and steps taken to protect lawful political and civic gatherings. The reports would cover incidents across the country affecting the exercise of political rights under Article 38 of the Constitution, including the progress of investigations, individuals charged and the status of their cases. The Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights are also being drawn into the proposed oversight process. The petitioners want the two institutions to independently monitor religious, civic and political gatherings and submit separate periodic reports on the electoral environment and the country’s compliance with constitutional and international human rights obligations. They are also asking the court to compel the Inspector-General of Police to take reasonable and non-discriminatory measures to provide adequate security at lawful public gatherings, including political rallies, religious services, civic forums and press conferences. The petition further seeks a report within 90 days on the outcome of a nationwide crackdown targeting organisers and financiers of violence, which the fourth respondent allegedly announced in December 2025 and referred to again in April, August and September 2026. The petitioners are also 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 are seeking additional damages over alleged violations of the fourth and fifth petitioners’ rights linked to the July 2025 incident, as well as the costs of the case. In support of their case, the organisations argue that constitutional freedoms cannot be meaningfully exercised when citizens face violence, intimidation or threats for participating in public affairs. They maintain that the State has a constitutional duty to maintain public order, protect fundamental rights and enforce criminal law fairly and effectively, regardless of the political interests involved. The petition cites incidents reported since early 2025, alongside video footage, media reports, civil society statements, research on the financing of political violence and public statements by senior government officials, as evidence of what the petitioners describe as an escalating pattern of organised attacks. KHRC says it was itself targeted on July 6, 2025, when armed individuals allegedly stormed its Nairobi offices and disrupted a press conference convened by mothers of victims of police brutality ahead of the Saba Saba commemorations. The commission says it submitted CCTV footage and other evidence to the National Police Service following the incident, which was recorded under Occurrence Book number 45/06/07/2025. However, it alleges that no meaningful investigative or prosecutorial action had been taken by the time the petition was prepared. The petitioners argue that the alleged failure to act on reported incidents has entrenched impunity and heightened the risk of further attacks as political mobilisation gathers pace ahead of the next General Election. They are now asking the court to intervene and compel State institutions to take coordinated, measurable action to protect citizens and safeguard the democratic space.