Civil society organisations and three individuals have filed a petition at the High Court in Kenya, seeking to compel relevant state agencies to take action against organised violence. The petitioners, including the Kenya Human Rights Commission and the Independent Medico-Legal Unit, want the court to order investigations into incidents of violence and alleged financing and recruitment networks behind the attacks. This move aims to address persistent patterns of organised violence targeting citizens exercising their rights.
The petitioners are seeking orders compelling the Director General of the National Intelligence Service and the Inspector General of Police to preserve evidence, including police Occurrence Book entries and CCTV footage. They also want the agencies to forward investigation files to the Director of Public Prosecutions for a determination on whether to institute charges. The groups aim to ensure that state agencies take concrete steps to prevent and investigate organised violence.
The human rights groups warn that continued incidents of violence and impunity threaten constitutional freedoms ahead of the 2027 General Election. They argue that the violence undermines citizens' rights to political participation, peaceful assembly, association, expression, and worship. The petitioners are pushing for a dedicated and adequately resourced multi-agency task force to monitor, investigate, and prosecute the organisation and financing of politically motivated gang violence.
The petitioners want the court to direct the relevant state agencies to file a joint report within 60 days, detailing the progress and outcomes of the investigations and the files forwarded to the Director of Public Prosecutions. They also seek to establish whether any political party or its officials sponsored, financed, or facilitated the armed groups identified in the petition, contrary to the Constitution.
The Kenya Human Rights Commission, Katiba Institute, Independent Medico-Legal Unit, and individuals Kwamchetsi Makokha, Mary Kambo, and Elphas Osoro are behind the petition. They argue that the state agencies have a responsibility to protect citizens from organised violence and ensure that perpetrators are held accountable. The groups are seeking to compel the state agencies to take proactive measures to prevent and investigate organised violence.
The petition comes as Kenya prepares for the 2027 General Election, with concerns about the potential for violence and intimidation. The human rights groups are pushing for the state to take concrete steps to ensure that citizens can exercise their rights without fear of violence or reprisal. They argue that this is essential for a credible and peaceful electoral process.
The High Court will be required to consider the petition and determine whether to grant the orders sought by the petitioners. The court's decision will have significant implications for the prevention and prosecution of organised violence in Kenya.
Key points
- Rights groups file petition at High Court to compel state agencies to prevent, investigate and prosecute organised violence ahead of 2027 General Election.
- Petitioners seek orders compelling state agencies to preserve evidence and forward investigation files to the Director of Public Prosecutions.
- Groups warn that continued incidents of violence and impunity threaten constitutional freedoms ahead of the 2027 General Election.
