NAIROBI, Kenya — The Kenya National Commission on Human Rights (KNCHR) has strongly condemned the teargassing of worshippers during a Sunday service at St. Peter’s Anglican Church of Kenya (ACK) in Wairima, Othaya, Nyeri County, describing the incident as a grave violation of the Constitution and a disturbing abuse of police power.
In a press statement issued on January 26, 2026, the commission said police officers deployed teargas inside the church during a peaceful service on January 25, exposing children, elderly congregants, and other worshippers to what it termed excessive, disproportionate, and indiscriminate force.
According to the commission, some officers involved were hooded, contrary to existing court orders requiring police to be identifiable while on duty.
KNCHR said the conduct demonstrated a blatant disregard for the sanctity of places of worship and violated established principles governing the use of force in a democratic society.
“The use of teargas in a church or any place of worship environment is a disproportionate and reckless act that cannot be justified under any circumstances,” the commission said.
Former Deputy President Rigathi Gachagua was attending the service when police and armed goons attacked.
Multiple Constitutional Violations Cited
KNCHR said the incident violated several provisions of the Constitution of Kenya, 2010. It cited Article 32 on freedom of conscience, religion, and belief, noting that worshippers were violently prevented from manifesting their faith through worship.
The commission also said Article 37, which protects the right to assemble peacefully, was breached when police attacked a non-violent religious gathering.
The commission further pointed to violations of Article 29, which guarantees freedom and security of the person, saying worshippers were subjected to cruel, inhuman, and degrading treatment.
The Commission pointed out that the State failed in its obligation under Article 21 to respect, protect, and promote fundamental rights, while the conduct of officers contravened Article 244, which requires the National Police Service to uphold human rights standards.
Concerns Over Growing Pattern
KNCHR warned that the Nyeri incident reflects a broader and worrying pattern of attacks on places of worship linked to political tensions and intolerance.
The state-financed human rights body cautioned that violence involving both state and non-state actors heightens the risk of conflict, particularly as the country moves closer to an electoral period.
The commission stressed the need to safeguard institutional independence, promote political tolerance, and uphold constitutional guarantees on participation, expression, and accountability.
Calls for Investigations and Prosecutions
Invoking its mandate under Article 59 of the Constitution, KNCHR called for immediate and decisive action.
The lobby group urged the Inspector General of Police to ensure swift, independent, and transparent investigations by the Internal Affairs Unit.
Further, KNCHR called on the Independent Policing Oversight Authority (IPOA) to launch independent investigations, seek the suspension of culpable officers and pursue criminal prosecutions, including against commanders who sanctioned or failed to prevent the abuse of power.
Additionally, the commission demanded a public apology from the Ministry of Interior and National Administration to the affected worshippers and assurances of non-repetition.
KNCHR said it will closely monitor investigations and any subsequent legal proceedings to ensure accountability and address impunity, reaffirming its commitment to protecting human rights and holding duty bearers to account.
