Human rights defender David Khaemba in his office in Kakamega /HILTON OTENYO
The petition further seeks to safeguard the rights of all Kenyans to participate in political and electoral activities peacefully, freely, and without fear.
David Khaemba filed a constitutional petition in the public interest on August 12, 2026, and named the Attorney General, Interior and National Administration CS, Inspector General of Police, Director of Criminal Investigation (DCI), Independent Police Oversight Authority (IPOA) and the Independent Electoral and Boundaries Commission (IEBC) as respondents.
The petitioner seeks constitutional protection for every Kenyan, regardless of political opinion, ethnicity, religion or social status, following the unprecedented rise in violence associated with political gatherings.
It raises concerns regarding a series of reported incidents of political violence, intimidation, destruction of property and interference with political activities that have occurred during the current electoral cycle.
It cites reports and other documentary materials on reported incidents of violence during the Malava, Kabuchai, Trans-Nzoia, Nyahururu and Ol Kalou incidents.
The petitioner is seeking conservatory and supervisory orders designed to strengthen constitutional protections as the country approaches the next general election.
The petitioner is seeking a declaration that any failure by state agencies to protect life, security of the person, property and political rights violates the constitution, and that victims whose rights are found to have been violated are entitled to appropriate constitutional remedies.
He wants the court to issue an order directing the respondents to provide a transparent mechanism for receiving, verifying and processing claims by persons who suffered death, injuries, destruction of property and loss of livelihoods arising from incidents of violence.
Khaemba wants the High Court to determine whether the relevant public authorities have discharged their constitutional obligations to prevent violence, protect constitutional rights, investigate reported offences and uphold the rule of law.
Justice Stephen Mbungi declined to certify the petition as urgent when the matter came up for directions on August 18 and instead directed the petitioner to serve the respondents.
Mbungi fixed an inter partes hearing of the notice of motion for September 17, 2026.
Khaemba said in his supporting affidavit that the constitution guarantees every Kenyan the right to life, dignity, equality before the law, security of the person, peaceful assembly, political participation and protection of property.
“These rights belong equally to supporters of every political party, independent candidates, journalists, election officials, civil society organisations and members of the public," he said.
"A democracy is measured not only by the conduct of elections, but also by whether citizens can campaign, assemble, vote, report and express political opinions without violence or intimidation.”
“Protection of these constitutional freedoms is the responsibility of all state institutions. The petition further seeks measures to enhance transparency and accountability in relation to the investigation of reported election-related violence and to promote public confidence in constitutional governance,” he said.
He said the legal action is guided by the conviction that constitutional disputes should be resolved through independent courts and lawful institutions.
