Rights groups move to court over alleged political violence ahead of 2027 polls

In a petition filed at the Milimani Law Courts, the petitioners accuse the State of failing to prevent, investigate and prosecute politically motivated violence, warning that continued attacks could undermine constitutional freedoms ahead of the 2027 General Election.

They want the court to compel the National Intelligence Service (NIS) and the National Police Service (NPS) to investigate the incidents, including claims that organised groups have been recruited and financed to disrupt lawful public gatherings.

The petitioners are also seeking investigations into whether political parties or their officials have sponsored, financed or facilitated armed groups, contrary to Article 91(2)(c) of the Constitution, which prohibits political parties from establishing or maintaining paramilitary forces, militias or similar organisations.

Central to the petition is a demand for the establishment of a dedicated multi-agency task force to investigate and prosecute individuals and networks allegedly responsible for politically motivated violence.

The proposed task force, which the petitioners want established within 30 days, would bring together officers from the National Police Service and the Directorate of Criminal Investigations (DCI), working in coordination with the Office of the Director of Public Prosecutions (ODPP).

It would be required to monitor incidents of political violence, investigate those responsible for organising and financing attacks, and submit periodic public reports on measures taken to prevent further incidents ahead of the elections.

The petitioners further want the court to compel the Director-General of NIS and the Inspector-General of Police to preserve evidence relating to the reported attacks, including CCTV footage, police Occurrence Book entries and communication records.

They want the resulting investigation files forwarded to the DPP for a decision on whether criminal charges should be instituted.

The agencies would also be required to submit a joint report to the court within 60 days detailing the progress of investigations, their findings and the files forwarded for possible prosecution.

According to the petition, incidents reported since early 2025 point to what the rights groups describe as an escalating pattern of organised violence against Kenyans exercising their constitutional rights to peaceful assembly, political participation, association, expression and worship.

The petitioners argue that the State has a constitutional obligation not only to maintain public order but also to protect citizens from intimidation and violence while participating in public affairs.

They contend that these freedoms cannot be meaningfully exercised when individuals attending political rallies, civic forums, religious services or press conferences face threats of violence.

Among the incidents cited is an alleged attack on KHRC offices in Nairobi on July 6, 2025, when armed assailants reportedly stormed the premises and disrupted a press conference organised by mothers of victims of police brutality ahead of the Saba Saba commemorations.

KHRC says it subsequently supplied police with CCTV footage and other evidence under Occurrence Book number 45/06/07/2025.

However, the organisation claims no meaningful investigative or prosecutorial action had been taken by the time the petition was prepared.

The rights groups have also cited video footage, media reports, civil society statements, research on the financing of political violence and public pronouncements by senior government officials to support their allegations.

Beyond investigations, the petitioners want the court to direct State agencies to develop a coordinated national framework for preventing and responding to organised political and civic violence.

The proposed framework would outline the responsibilities of different security and investigative institutions, establish intelligence-sharing arrangements, strengthen victim protection and ensure complaints are acted upon promptly.

They are also seeking orders requiring the Inspector-General of Police to provide adequate security for lawful public gatherings without discrimination, including political rallies, religious services, civic meetings and press conferences.

The petitioners further want the government to account for a nationwide crackdown on organisers and financiers of political violence announced in December 2025 and subsequently referenced in April, August and September 2026.

They are seeking a report within 90 days detailing the outcome of the operation, including any investigations conducted and action taken against those implicated.

The petition also seeks to involve the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights (KNCHR) in independently monitoring civic, religious and political gatherings.

The two institutions would be required to submit separate periodic reports assessing the electoral environment and the country's compliance with constitutional and international human rights obligations.

Additionally, the petitioners want State agencies to file quarterly reports for six months detailing incidents of organised violence, investigations launched, prosecutions instituted and measures taken to protect citizens exercising their political rights.

The reports would identify individuals charged in connection with such incidents and indicate the status of their cases.

The petitioners are asking the court to retain supervisory jurisdiction over the implementation of the proposed orders to ensure compliance.

They are also seeking general and aggravated damages for alleged violations of KHRC's constitutional rights arising from attacks on July 6, 2025, and June 12, 2026, alongside compensation for the fourth and fifth petitioners over the July 2025 incident.

They further want the respondents ordered to bear the costs of the petition.

The allegations remain subject to judicial determination.