Several human rights organisations have moved to the Milimani Law Courts seeking orders compelling State agencies to investigate alleged organised attacks on civic, political and religious gatherings ahead of the 2027 General Election.
The petition, filed by the Kenya Human Rights Commission (KHRC), Katiba Institute, Independent Medico-Legal Unit and three other petitioners, accuses the State of failing to prevent, investigate and prosecute politically motivated violence targeting people exercising their constitutional rights.
The petitioners want the court to direct the Director-General of the National Intelligence Service (NIS) and the Inspector-General of Police to investigate the reported attacks, including the alleged networks involved in financing and recruiting members of armed groups.
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 consideration.
Under the proposed orders, the agencies would be required to submit a joint report to the court within 60 days, outlining the progress of investigations and cases forwarded to the DPP.
The petitioners further want investigations into whether political parties or their officials sponsored, financed or facilitated armed groups allegedly involved in the attacks, in violation of Article 91(2)(c) of the Constitution.
They argue that the alleged violence threatens fundamental freedoms, including peaceful assembly, association, expression, worship and participation in political affairs.
The groups are also seeking an order requiring the establishment of a dedicated, adequately funded multi-agency task force within 30 days to investigate and prosecute the organisation and financing of politically motivated gang violence.
The proposed team would bring together the National Police Service and the Directorate of Criminal Investigations, working in coordination with the DPP. It would also be required to provide periodic reports to the court on measures taken to prevent and prosecute political violence.
The petitioners want the court to retain supervisory authority over the process to ensure compliance with any orders issued.
They are further asking the court to compel State agencies to develop a coordinated national framework for preventing, investigating and prosecuting organised political and civic violence.
The proposed framework would set out the responsibilities of different institutions, establish mechanisms for sharing intelligence and protecting victims, and provide clear procedures for responding to complaints and acting on information about potential attacks.
In addition, the petitioners want quarterly reports for six months, or another period determined by the court, detailing reported incidents, investigations commenced, prosecutions instituted and measures taken to protect lawful public gatherings.
They have also asked the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights to independently monitor political, civic and religious gatherings and report on the electoral environment and compliance with human rights obligations.
The petition further seeks an order directing the Inspector-General of Police to provide adequate and non-discriminatory security for lawful public gatherings, including political rallies, religious services, civic forums and press conferences.
The groups are also seeking 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 petition cites the alleged July 6, 2025, attack on KHRC offices in Nairobi, where armed individuals reportedly disrupted a press conference convened 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 been taken by the time the petition was prepared.
The petitioners have also sought general and aggravated damages over alleged violations of their constitutional rights arising from the attacks, alongside the costs of the case.
They maintain that the State has a constitutional duty to protect citizens, maintain public order and enforce criminal law impartially, arguing that the alleged pattern of violence requires urgent intervention as the country approaches the 2027 elections.
The court is being asked to issue orders that would establish clear accountability measures and ensure that reported attacks are investigated and those responsible are brought to justice.
