NAIROBI, Kenya – Three human rights organisations and three individuals have moved to the High Court seeking court-supervised investigations into alleged organised political violence, demanding that security agencies identify the people financing, recruiting and directing groups accused of attacking public gatherings ahead of the 2027 General Election.
The petition, filed by the Kenya Human Rights Commission (KHRC), Katiba Institute and the Independent Medico-Legal Unit (IMLU), accuses senior security officials of failing to prevent recurring attacks, investigate reported incidents effectively and bring those responsible to justice.
The case names the Director-General of the National Intelligence Service (NIS), the Inspector-General of Police and the Cabinet Secretary for Interior and National Administration as respondents. The Attorney-General is also named, while the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights (KNCHR) are listed as interested parties.
The three individual petitioners are Kwamchetsi Makokha, Mary Kambo and Elphas Osoro, whom the statement identifies as victims of political violence.
The petitioners argue that the alleged attacks threaten constitutional freedoms, including political participation, peaceful assembly, association and expression, at a time when political mobilisation ahead of the 2027 polls is gathering momentum.
Court Asked to Order Investigations Into Organisers and Financiers
At the centre of the case is a demand for investigations that go beyond the individuals accused of carrying out attacks to establish who allegedly recruited, financed and coordinated them.
The petitioners want the court to compel police and intelligence agencies to investigate the reported incidents, trace suspected recruitment and financing networks, preserve evidence and forward completed investigation files to the Director of Public Prosecutions for consideration.
They are also seeking the establishment of a dedicated multi-agency task force to investigate and pursue those suspected of organising and financing politically motivated violence.
Under the proposed orders, the task force would bring together the National Police Service and the Directorate of Criminal Investigations, working in coordination with the Office of the Director of Public Prosecutions.
The groups want the proposed team established within 30 days and the relevant agencies required to submit a joint report to the court within 60 days detailing investigative progress, findings and files referred for possible prosecution.
They are further seeking investigations into whether political parties or their officials sponsored, financed or facilitated armed groups allegedly involved in disrupting public gatherings. They cite Article 91(2)(c) of the Constitution, which prohibits political parties from establishing or maintaining paramilitary organisations, militias or similar associations.
These are remedies sought by the petitioners; the court has yet to determine whether to grant them.
July 2025 Attack on KHRC Offices Among Incidents Cited
One of the incidents highlighted in the petition is an alleged attack on KHRC’s Nairobi offices on July 6, 2025.
According to the commission, armed assailants disrupted a media briefing by mothers of victims of extrajudicial killings and enforced disappearances ahead of the Saba Saba commemorations. Journalists and members of the public were reportedly assaulted or intimidated, while electronic equipment was stolen.
KHRC says it supplied police with CCTV footage and other evidence and recorded the complaint under Occurrence Book number 45/06/07/2025.
The petitioners allege that no meaningful investigative or prosecutorial action had been taken by the time the case was prepared, despite the evidence they say was provided to investigators.
They also cite the June 12, 2026, disruption of a public forum at All Saints Cathedral in Nairobi and violence reported in Homa Bay on August 16, 2026, when attackers allegedly targeted a political convoy, killed people, torched vehicles and assaulted journalists.
Human Rights Watch separately reported in September 2026 that attacks by unidentified armed groups had targeted civil society and opposition gatherings ahead of the elections, including the Homa Bay incident. The rights organisation called for prompt and transparent investigations.
Petition Raises Questions Over Equal Protection
The petitioners contend that the incidents reflect a recurring pattern of violence targeting political, civic and religious gatherings, rather than isolated disturbances.
They accuse security agencies of failing to respond promptly to warnings, adequately protect threatened gatherings or pursue those suspected of organising the attacks.
The groups also raise concerns about what they describe as unequal protection, arguing that gatherings involving opposition leaders, civil society organisations and human rights defenders have repeatedly faced disruption.
They want the court to direct the Inspector-General of Police to provide adequate and non-discriminatory security for lawful public events, including political meetings, religious services, funerals, civic forums and press conferences.
The petition further seeks a coordinated national framework for preventing and responding to organised political violence. The proposed framework would clarify the responsibilities of different state agencies, strengthen intelligence sharing, establish reporting procedures and improve protection for victims and witnesses.
The groups also want IEBC and KNCHR to monitor political, civic and religious gatherings and submit reports on the electoral environment and compliance with constitutional and human rights obligations.
Article 38 at the Centre of the Case
The petition invokes Article 38 of the Constitution, which guarantees political rights, including the right to participate in political activities and to make political choices.
The petitioners argue that these freedoms cannot be exercised meaningfully if citizens fear intimidation or violence when attending public meetings, expressing political opinions or engaging in electoral processes.
They are asking the court to declare that organised political violence, together with the state’s alleged failure to prevent, investigate and prosecute it, violates constitutional rights.
They also want the relevant agencies to provide regular updates on reported incidents, investigations and prosecutions, with the court retaining supervisory authority over compliance with any orders it issues.
In addition, the petitioners seek a report within 90 days on the outcome of a nationwide crackdown against organisers and financiers of violence that they say was announced in December 2025 and subsequently referenced by government officials in 2026.
The proposed reporting requirements are intended to establish whether investigations are progressing and whether those implicated are being held accountable.
The petition comes amid growing concern from human rights organisations and monitoring groups about violence surrounding political activities ahead of the 2027 elections. In September, Human Rights Watch called for transparent investigations into attacks on civil society and opposition gatherings, while the KNCHR has also urged security agencies to address political violence and ensure equal protection for people exercising their constitutional rights.
