Human rights organisations and three individuals have sued Kenya’s top security officials, accusing them of failing to prevent organised political violence, investigate attacks and prosecute those behind them ahead of the 2027 General Election.
The petition, filed on October 28, 2026, by the Kenya Human Rights Commission (KHRC), Katiba Institute and the Independent Medico-Legal Unit (IMLU), 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 petitioners, who include Kwamchetsi Makokha, Mary Kambo and Elphas Osoro, allege that armed groups have repeatedly disrupted political meetings, press conferences, civic forums and religious gatherings despite warnings about the escalating violence.
“The petition warns that the unchecked violence threatens Kenyans' constitutional rights and undermines prospects for a free, fair and peaceful 2027 General Election,” the statement read.
Petitioners argue that the authorities have failed to act promptly, conduct effective investigations and bring perpetrators to justice, allowing those responsible for the attacks to operate with impunity.
The statement also names the Attorney-General as a respondent, while listing the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights as interested parties.
The court papers document incidents dating back to early 2025 in Nairobi, Gilgil, Kitengela, Kisumu, Meru, Ol Kalou, Kisii and Homa Bay, among other areas.
One of the incidents cited is the July 6, 2025, attack on KHRC offices in Nairobi, where armed assailants disrupted a media briefing involving mothers of victims of extrajudicial killings and enforced disappearances.
According to the petition, journalists and members of the public were assaulted or intimidated, while electronic equipment was stolen. The petitioners say no arrests or prosecutions had followed despite the availability of security footage and a formal police complaint.
They also cite the June 12, 2026, attack on a public forum at All Saints Cathedral in Nairobi and violence in Homa Bay on August 16, 2026, during which people were killed, vehicles torched, and journalists attacked.
The groups argue that the incidents point to recurring and organised violence, citing investigative reports that allegedly document payments to recruit young people to disrupt political activities.
At the centre of the case is Article 38 of the Constitution, which guarantees political rights, including the right to make political choices and participate in public affairs.
The petitioners argue that intimidation and attacks prevent citizens from freely expressing political views, attending public gatherings and participating in democratic processes. They also raise concerns about unequal protection, alleging that opposition leaders and civil society groups have faced repeated attacks without adequate intervention.
Petitioners want the High Court to declare that organised political violence, alongside the State’s alleged failure to prevent and prosecute it, violates constitutional rights.
The petition also seeks orders compelling security agencies to investigate the attacks, trace financing and recruitment networks, preserve evidence and report their findings to the court.
Additionally, the groups want a dedicated multi-agency task force, a national framework to prevent politically motivated violence, and regular, court-supervised updates on investigations and prosecutions.
They also seek adequate police protection for lawful political meetings, religious services, funerals, civic forums, and press conferences.
The case places the conduct of Kenya’s security agencies under scrutiny as the country approaches the 2027 elections, with the petitioners seeking measures to protect political participation and hold those responsible for attacks accountable.