KNCHR condemns teargassing of worshippers in Nyeri church

The Kenya National Commission on Human Rights (KNCHR) has strongly condemned the teargassing of worshippers at a church on Sunday in Nyeri county.

KNCHR described the St Peter’s ACK Church in Wairima incident as brutal, unjustified and a serious violation of fundamental rights.

It said it had received with profound shock media reports of the attack, during a peaceful church service attended by worshippers, including children and elderly persons.

“During the peaceful Sunday church service attended by worshippers, including children and elderly persons, police officers… reportedly deployed teargas within the place of worship without any lawful justification or reasonable cause,” the statement said.

According to KNCHR, police officers—some of whom were reportedly hooded contrary to court orders requiring officers to be identifiable—deployed teargas inside the place of worship without any lawful justification or reasonable cause.

“The use of force in such circumstances was excessive, disproportionate, and indiscriminate, particularly given the confined nature of the church and the presence of vulnerable persons,” it said.

It noted that the incident demonstrated a blatant disregard for the sanctity of places of worship and violated principles of legality, necessity and proportionality that govern the use of force in a democratic society founded on the rule of law.

KNCHR further expressed concern over what it described as a growing and consistent trend of attacks on places of worship arising from political tensions and intolerance, especially in contexts marked by heightened political competition.

The Commission warned that violence sanctioned by both state and non-state actors, including the use of goons, heightens the risk of conflict as the country heads toward an electoral period.

"The incident violated multiple constitutional rights, including the freedom of conscience, religion, and belief under Article 32, as worshippers were prevented from manifesting their religion through worship. It also cited a violation of the freedom of assembly under Article 37, noting that a peaceful church gathering was attacked by state agents," it said.

The commission said the incident violated multiple constitutional rights, including freedom of conscience, religion and belief under Article 32 and freedom of assembly under Article 37.

“The right to manifest religion through worship was curtailed,” KNCHR said, adding that state agents “attacked a peaceable church gathering.”

It further said the freedom and security of the person under Article 29 was violated, as worshippers were subjected to “violence and cruel, inhuman, or degrading treatment.”

“In totality, the state, through its agents, failed in its primary duty under Article 21 to observe, respect, protect, promote and fulfill the rights and fundamental freedoms of its citizens,” the commission said.

KNCHR also faulted the conduct of officers on the ground, saying it was “in direct contravention of Article 244,” which requires the National Police Service to comply with constitutional standards of human rights and fundamental freedoms.

Calling for immediate accountability, the commission demanded action from several state institutions.

It urged the Inspector General of the National Police Service to ensure investigations are “swift, independent and transparent”.

The commission also called on the Independent Policing Oversight Authority (Ipoa) to “immediately conduct independent investigations to identify, seek suspension and subject to the full force of the law, including criminal prosecution, those found culpable.”

This, it said, should include “the police officers who deployed teargas, as well as the commanding police officers who aided, sanctioned or failed to prevent this gross abuse of power.”

KNCHR demanded that the Ministry of Interior and National Administration issue a public apology to the affected worshippers and ensure non-repetition.

The commission said it would continue monitoring investigations and legal proceedings “to ensure justice is served and impunity addressed”.

It reaffirmed its “unwavering commitment to promoting a culture of human rights and holding duty bearers accountable to protect the rights of all persons in Kenya.”