Three of Kenya's leading human rights organisations have taken the government to court over a wave of attacks on political rallies, church services and civic meetings, arguing that security agencies have failed to stop, investigate or punish the people behind them as the country heads towards the 2027 General Election.

The Kenya Human Rights Commission (KHRC), Katiba Institute and the Independent Medico-Legal Unit (IMLU) filed the petition at the Milimani Law Courts on Wednesday, October 28, together with three people who say they were victims of political violence.

The petition lists Interior Cabinet Secretary Kipchumba Murkomen, National Intelligence Service (NIS) Director-General Noordin Haji, Inspector-General of Police Douglas Kanja and Attorney-General Dorcas Oduor as respondents.

What the petitioners want

The groups want the High Court to order the government to set up a multi-agency task force within 30 days to investigate and prosecute the individuals and networks allegedly organising and paying for the violence. According to the court papers, the team would draw officers from the National Police Service and the Directorate of Criminal Investigations and work with the Office of the Director of Public Prosecutions.

They are also asking the court to:

  • Direct the NIS and the police to investigate the attacks, including claims that youths are being recruited and paid to disrupt lawful meetings
  • Order the NIS chief and the Inspector-General to preserve evidence such as CCTV footage, Occurrence Book entries and communication records
  • Order an inquiry into whether any political party or its officials have sponsored or facilitated armed groups, which Article 91(2)(c) of the Constitution prohibits
  • Require periodic public reports to the court, with the judges retaining supervision over compliance

The petitioners further want a declaration that the attacks, and the State's failure to deal with them, violate or threaten the right to political participation under Article 38.

Incidents cited

The court papers list incidents since early 2025 in Nairobi, Kisumu, Meru, Kisii, Homa Bay, Gilgil, Kitengela and Ol Kalou. Among them is the July 6, 2025 attack on KHRC's offices in Lavington, Nairobi, where masked men broke up a press conference organised by mothers of victims of police killings and enforced disappearances ahead of Saba Saba. The petition also cites the storming of a forum at All Saints Cathedral, the disruption of a Linda Mwananchi rally in Homa Bay and an attack at a church in Kisumu.

The groups argue that an election held under sustained pre-election violence, as they say happened during the Ol Kalou by-election, cannot meet the constitutional test in Article 81(e)(ii) that polls be free from violence and intimidation, regardless of the final tally.

'Not isolated'

Speaking outside the court, Katiba Institute Executive Director Nora Mbagathi said repeated disruption of political meetings by hired gangs had not led to meaningful investigations, and called for accountability for those funding and organising the attacks as well as those carrying them out.

"We have included research showing that these attacks are not isolated, by private individuals, but there are coordinated efforts around it," Mbagathi said.

KHRC board member Kwamchetsi Makokha said the organisations had documented about 10 to 12 incidents involving the victims, adding that attacks by people presented as private actors still curtail Kenyans' freedom to hold alternative political views.

The petition also accuses the authorities of uneven protection, saying gatherings involving opposition figures, civil society and human rights defenders have been targeted repeatedly while responses to violence at ruling-party events have sometimes been quicker.

The respondents had not publicly responded by Wednesday evening. The case follows KHRC's report of 284 election-related violence cases in seven months, which police disputed.

Photos: The Standard (David Gichuru); Kenyans.co.ke. Thumbnail design: HAMASTA MEDIA.