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Five Kenyans sue top security officials over protest violence inaction

Five Kenyans sue top security officials over protest violence inaction
Inspector General of Police Douglas Kanja. PHOTO/NPS
In Summary

The petitioners claim that the top security officers neglected their constitutional duty to protect lives

Five Kenyans have filed a petition at the High Court accusing Police Inspector General Douglas Kanja, the National Police Service Commission (NPSC), and other senior security officials of failing to act against killings, abductions, and brutal assaults of peaceful protesters during the 2024–2025 demonstrations.

The petitioners claim that the top security officers neglected their constitutional duty to protect lives, investigate abuses, and hold perpetrators accountable.

Filed at the Milimani High Court, the petition seeks compensation for victims of alleged police brutality and an order to recover the sums from IG Kanja, his two deputies, and the Director of Criminal Investigations.

In addition, the petition demands the creation of a judicial commission of inquiry to investigate and publish a report on enforced disappearances, abductions, and police brutality since 2020.

The petitioners allege that national security agencies employed organised vigilante groups to suppress peaceful protests, resulting in injuries to demonstrators even under police protection.

They accuse the officials of “deliberate inaction” and claim that violations continued despite public outcry and court orders.

“There is credible evidence of gross human rights violations, including enforced disappearances, abductions, and extrajudicial killings of Kenyan youths throughout that period for merely exercising their constitutional right under Article 37 of the Constitution,” the petition reads in part.

“Some of the people, on mere suspicions of being the planners of the protests, were arrested, tortured and released, while some were arrested, tortured and murdered.”

The petitioners; Sebastian Ochieng Onyango, Janet Mbithe Wambua, Job Omondi, Macharia Mbugua, and Michael Okuto allege that the accused failed to investigate abuses and allowed continued violations of the Constitution.

Other respondents named include Kanja’s deputies Eliud Lagat and Gilbert Masengeli, DCI Mohammed Amin, and Attorney General Dorcas Oduor.

Through lawyer Stephen Musili, the petitioners state that over 80 people were killed, several abducted, more than 1,376 arbitrary arrests made, and 1,010 protesters injured during the demonstrations.

“These injuries were sustained on peaceful Kenyan youths while innocently exercising their constitutional right to demonstrate and picket,” Musili said.

“The injuries ranged from deep fractures, bullet wounds, soft tissue injuries, and inhalation of tear gas. Most of the injuries were without doubt inflicted by the security officers against the protestors.”

The petition claims that abductions and enforced disappearances have increased, with perpetrators emboldened by lack of accountability. Police and suspected security agents allegedly operated in balaclavas, used civilian number plates, and deployed surveillance gadgets to intercept phone communications despite court orders prohibiting such actions.

“Cases of chilling abductions, enforced disappearances, cruel, degrading, and inhumane treatment of persons were and continue to be witnessed and recorded. These daring happenings were recorded on videos and photographs,” the petition states.

The petitioners argue that as holders of key national security offices, IG Kanja, Lagat, Masengeli, and Amin bear direct responsibility for stopping and investigating abuses.

“This notwithstanding, they have deliberately failed to take decisive, concrete actions to stop and to order and/or conduct an investigation into all unresolved police-related murders, abductions, and allegations of abuse that have been happening. They have further failed and/or obstructed investigations and to uphold constitutional accountability mechanisms,” Musili said.

The petition also accuses the officials of breaching Article 75(1)(c) of the Constitution, which sets standards for the conduct of State officers, and calls for a declaration that they are jointly liable for killings, injuries, and abductions since June 2024.

Additionally, the officials are accused of failing to provide accurate public reports on deaths and disappearances, not ensuring proper use of firearms during operations, and ignoring court orders requiring officers to wear visible identification. Court records indicate that IG Kanja and NPSC have not yet filed their responses.

The petition is awaiting a hearing and determination by the High Court.

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