Political activist Paul Kigame has moved to court seeking leave to commence private prosecution against the Cabinet Secretary for Interior, Inspector General of Police, National Police Service and the DCI boss.
Kigame wants the court to issue a declaration that the recent widespread arrests, killings, abductions and torture of peaceful protestors who were protesting between June 2024, June 2025 and July 2025 amount to violations of the right to life, the right not to be deprived of freedom arbitrarily or without just cause, the right not to be subjected to any form of violence, the right not to be subjected to torture in any manner, whether physical or psychological and the right not to be treated or punished in a cruel, inhuman or degrading manner.
He also wants a declaration that the killings, abductions and torture constitute Crimes Against Humanity under the International Crimes Act.
In addition, Kigame wants a declaration that the desecration of bodies and public display of police brutality during the peaceful public protests amount to violation of the right to human dignity.
The petitioner also wants the court to issue an order compelling the National Police Service and Director of Criminal Investigations (DCI) to release all evidence (ballistics, CCTV, autopsy reports) and to provide witness protection to survivors/families.
Through lawyer Gitobu Imanyara, Kigame argues that Kenya is a Constitutional state, where all persons and state organs are subject to the Constitution.
“In the preamble, the people of Kenya have aspirations for a government that is based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law,” Kigame states.
According to the petitioner, the rule of law and good governance principles require every state organ or officer to act within the powers conferred on them by and in accordance with the constitution.
He further states….”the rule of law requires state and public offers to act in accordance with the law, including and without equivocation, complying to the rules of natural justice and human rights.”
Kigame notes that article 26 of the Constitution provides that every person has the right to life and the life of a person begins at conception. A person shall not be deprived of life intentionally, except to the extent authorised by the Constitution or other written law.
