Lobby groups move to court to stop election violence ahead of 2027

By  Sam Kiplagat

Court Reporter

Nation Media Group

Three lobby groups have moved to the High Court seeking orders compelling the government to establish a multi-agency task force within 30 days to investigate and prosecute politically motivated violence ahead of the 2027 General Election.

Kenya Human Rights Commission (KHRC), Katiba Institute and Independent Medico-Legal Unit (IMLU) argue that the failure by State agencies to prevent attacks on people participating in civic and political activities threatens constitutional freedoms and the integrity of the electoral process.

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

The organisations want the court to compel the government to investigate attacks, identify those responsible and pursue criminal accountability.

They contend that despite the existence of legal frameworks to address politically motivated violence, perpetrators, organisers and financiers have not been subjected to effective investigations or prosecution.

“The Petitioners aver that, despite these statutory frameworks and the availability of evidence in several of the pleaded incidents, the Respondents have conducted no effective investigation, arrest, or prosecution of the perpetrators, organisers, or financiers of the conduct,” the petition states.

The groups warn that the alleged failure to act against those responsible risks allowing organised violence to become a feature of political competition as the country approaches the next General Election.

They are seeking a declaration that the attacks outlined in the petition, alongside the alleged failure by State agencies to prevent, investigate and prosecute them, violate or threaten the right to political participation guaranteed under Article 38 of the Constitution.

The proposed task force would draw personnel from the National Police Service and the Directorate of Criminal Investigations, while liaising with the Office of the Director of Public Prosecutions. It would monitor and investigate the organisation and financing of politically motivated gang violence and pursue prosecution where warranted.

The petitioners also want the task force to file periodic public reports with the court on measures taken to prevent, detect, investigate and prosecute the violence, with the court retaining supervisory jurisdiction to monitor compliance.

The organisations argue that the electoral environment before polling day is as important as the conduct of the vote itself in determining whether an election meets constitutional standards.

They cite Article 81(e)(ii), which requires elections to be free from violence, intimidation, improper influence or corruption, arguing that sustained violence during the pre-election period could undermine that guarantee irrespective of its effect on the final tally.

“This Petition seeks to address the grievance that an election conducted amid sustained and widespread pre-election violence, or under attack, as in the Ol Kalou by-election, meets the standard of ‘not free from violence, intimidation, improper influence or corruption’ under Article 81(e)(ii),” the petition states.

The groups cite a series of incidents since early 2025 involving attacks on people attending press conferences, religious services, civic forums and political gatherings.

They say video footage, contemporaneous media reports, independent research into the financing of political violence, civil society statements and public remarks by senior State officials provide evidence of a recurring pattern.

The petition also raises concerns about incidents in which alleged attackers operated near police officers deployed at the scene. The organisations argue that such circumstances warrant scrutiny of the conduct of State agencies and their response to the violence.

One of the incidents cited occurred on July 6, 2025, when armed assailants allegedly stormed KHRC’s Nairobi offices and disrupted a press conference organised by mothers of victims of police brutality ahead of the Saba Saba commemorations.

According to the petition, the commission provided the National Police Service with CCTV footage and other evidence under Occurrence Book number 45/06/07/2025, but no meaningful investigative or prosecutorial action had followed by the time the petition was prepared.

The petition further states that the organisation was targeted at All Saints Cathedral on June 12, 2026.

The groups also cite the April 8, 2026, attack on Vihiga Senator Godfrey Osotsi at a restaurant in Kisumu, where he was allegedly assaulted shortly after meeting members of the public.

The petition also refers to violence during the Ol Kalou by-election on July 16, 2026, and an attack on the Linda Mwananchi convoy in Homa Bay on August 16, 2026. Journalists were allegedly assaulted during some of these incidents, with their equipment stolen or destroyed.

The organisations argue that the attacks affect not only the immediate victims but also the wider public by discouraging citizens from attending political meetings, participating in civic activities, criticising the government or exercising their freedom of association and assembly.

The petitioners maintain that these freedoms cannot be meaningfully guaranteed on election day alone if the months preceding the vote are characterised by intimidation and violence.

They warn that failure to address the alleged pattern could erode public confidence in the rule of law and normalise intimidation as a tool of political contestation.

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