IG Kanja, Police Commission sued for failing to act on protest atrocities

The petitioners want the court to order that the sums should be recovered from the IG, his two deputies and Director of Criminal Investigations.

They are also seeking an order for the establishment of a judicial commission of inquiry to investigate and publish a report on forced disappearances, abductions and police brutality.

The case also touches on the use of organized vigilante groups by the national security agencies to suppress peaceful protesters.

Read: IPOA report exposes deaths and police cover-up in Kenyan protests

The petitioners allege that police used lethal force against unarmed protesters in 2024-2025, leading to more than 80 deaths and multiple abductions.

“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 at Article 37 of the Constitution,” the petition filed at the High Court in Milimani, Nairobi, 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 petition read.

The petitioners, Sebastian Ochieng Onyango, Janet Mbithe Wambua, Job Omondi, Macharia Mbugua and Michael Okuto, claim that Mr Kanja and NPSC allowed violation of the Constitution and court orders by police officers.

They accuse the officials of failing to investigate alleged abuses, citing ‘deliberate inaction’.

Others sued are Mr Kanja’s two deputies Eliud Lagat and Gilbert Masengeli, the Director of Criminal Investigations, Mohammed Amin, and the Attorney-General Dorcas Oduor.

The national security bosses are also facing accusations of breaching the law by having police officers collaborating with vigilante groups to suppress peaceful demonstrations by Kenyans agitating for good governance.

The petitioners cite incidents where protesters were allegedly injured by vigilante groups operating under police protection.

“Despite numerous public outcries, hashtags, and protests, no one has been held accountable for the stated police brutality, abuse of power and gross human rights violation. The 1st-5th Respondents’ (Kanja, Lagat, Masengeli, Amin and NPSC) response to the rising violation of human rights has been slow and negligible,” the petitioners argue.

Through lawyer Stephen Musili, the petitioners maintain that cases of “flagrant” human rights violations within the National Police Service were getting more frequent over the years. 

Abductions and enforced disappearances

It is their case that the incidents were on the rise and culpable officers became bold for lack of accountability by those entrusted by the law to prevent, stop and protect Kenyans from the same.

“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 petitioners say.

According to the petitioners, police officers and abductors, suspected to be from the national security agencies, were seen in balaclavas to conceal their identities and also using civilian number plates on their motor vehicles.

“They would also use vehicles mounted with Flexispy communication gadgets used to intercept phone communication. This is despite the court’s judgment and orders restraining and outlawing such acts by the police officers,” said Mr Musili.

According to the lawyer, police conducted more than 1,376 arbitrary arrests and injured 1,010 protesters during that period.

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

He submits that since Mr Kanja, Lagat, Masengeli and Amin hold the critical national security offices, the buck stops with them.

“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,” Mr Musili said.

“They have further failed and/or obstructed investigations and to uphold Constitutional accountability mechanisms,” the petitioners say.

According to the petitioners, the police bosses and the NPSC failed to exercise their Constitutional mandate to protect lives of Kenyans, properties, to investigate, and to subject the perpetrators of the alleged violations to disciplinary process effectively.

Read: Kenya joins human rights list of shame after protest killings

Another allegation is that the respondents failed to provide accurate public reports on the deaths and disappearances and failed to ensure firearms were not misused during operations.

The petitioners claim that the infractions left police officers to operate in a discreet manner without identity despite court orders requiring officers to have clear identification.

Among the reliefs sought in the petition, is a declaration that the police bosses contravened Article 75(1) (c) of the Constitution and have demeaned the offices they hold. Article 75(1)(c) outlines the conduct expected of State officers.

The petitioners also want the court to declare that Mr Kanja, Lagat, Masengeli and Amin are jointly liable for the actions of the police officers involved in the killings, injuring and abductions of Kenyans that took place from June 2024 as they have been acting in the course of duty.

The respondents, including IG Kanja and NPSC, and other officials are yet to file their response, court records show. The petition is pending hearing and determination.

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