The Kenya Human Rights Commission (KHRC), Katiba Institute, the Independent Medico-Legal Unit (IMLU) and three other petitioners have moved to the Milimani Law Courts seeking orders compelling State agencies to investigate alleged organised attacks targeting civic, political and religious gatherings ahead of the 2027 General Election.
The petition challenges what the petitioners describe as the State’s failure to prevent, investigate and prosecute politically motivated violence, warning that continued attacks and impunity threaten constitutional freedoms, including the rights to peaceful assembly, association, expression, worship and political participation.
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 reported attacks, including the alleged recruitment, financing and coordination networks behind the violence.
They are also seeking orders requiring the agencies to preserve crucial evidence, including police Occurrence Book entries, CCTV footage and communication records, and forward investigation files to the Director of Public Prosecutions (DPP) for a decision on whether to institute criminal charges.
The petitioners want the agencies to file a joint report in court within 60 days detailing the progress and outcomes of the investigations, including the files forwarded to the DPP.
They are further seeking investigations into whether any political party or its officials sponsored, financed or facilitated the armed groups identified in the petition, allegedly contrary to Article 91(2)(c) of the Constitution.
The petitioners are asking the court to direct the respondents to establish a dedicated, adequately resourced multi-agency task force within 30 days to monitor and investigate politically motivated gang violence and pursue the prosecution of those responsible.
The petitioners are also seeking an order compelling State agencies to develop and submit for court approval a coordinated national framework for preventing, investigating and prosecuting organised political and civic violence.
The proposed framework would outline the responsibilities of different institutions, establish reporting and escalation mechanisms, provide for intelligence sharing and victim protection, and create an accountable system for ensuring that complaints and intelligence lead to timely action. They want the respondents to implement the approved framework within timelines set by the court and continue reporting until the alleged unconstitutional state of affairs has been addressed.
The petitioners further want the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights (KNCHR) to independently monitor public gatherings of a religious, civic or political nature and submit separate periodic reports on the electoral environment and Kenya’s compliance with constitutional and international human rights obligations.
They are also seeking orders compelling 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. In addition, the petitioners want a report within 90 days on the outcome of a nationwide crackdown against organisers and financiers of violence announced by the fourth respondent in December 2025 and referenced again in April, August and September 2026.
The petitioners argue that constitutional freedoms cannot be meaningfully exercised when citizens face violence, intimidation or threats while participating in public affairs. They contend that the State has a constitutional duty to maintain public order, protect fundamental rights and enforce criminal law impartially and effectively.
According to the petition, incidents reported since early 2025 point to an escalating pattern of organised violence targeting individuals participating in lawful civic, political and religious activities.
The petitioners are now asking the court to intervene and compel the relevant State agencies to take concrete action against alleged organised violence, protect citizens exercising their constitutional rights and ensure accountability ahead of the 2027 General Election.
