Kigame Takes Fight for Justice to Court, Targets Top Security Chiefs Over Protest Killings

Presidential candidate Reuben Kigame has intensified his campaign for police accountability, moving to the High Court in a landmark bid to privately prosecute some of Kenya’s most powerful security officials over the handling of recent protests.

In Petition E475 of 2025, Kigame lays out a far-reaching case against Interior Cabinet Secretary Kipchumba Murkomen, Inspector General of Police Douglas Kanja, Director of Criminal Investigations Mohamed Amin, and National Intelligence Service Director Noordin Haji.

The petition stems from events between 2024 and 2025, when security forces were deployed to manage waves of protests across the country. Kigame alleges that during this period, police officers used excessive and, in some cases, deadly force against unarmed civilians—actions he claims were either directly ordered, sanctioned, or negligently ignored by top commanders.

At the heart of his case is the legal principle of command responsibility, which holds senior officials accountable for unlawful acts committed by subordinates if they knew, or ought to have known, and failed to prevent or punish such conduct.

“This petition is about restoring the sanctity of life and the rule of law in our country,” Kigame states in court documents. “No office, however high, should shield individuals from accountability where fundamental rights have been violated.”

The matter is set for mention before Gregory Mutai at the High Court, where the court will determine whether Kigame can proceed with a private prosecution—a relatively rare legal pathway typically pursued when state agencies decline to act.

Legal observers say the application could test the boundaries of citizen-led prosecutions in Kenya, particularly in cases involving senior state officials and national security structures. If allowed, the case could open the door for greater public participation in enforcing accountability where institutional mechanisms are perceived to have failed.

Kigame’s petition is one of more than 20 matters scheduled before Justice Mutai, underscoring a busy court session dealing with a broad range of constitutional and human rights issues. Other cases listed involve disputes over land, governance, anti-corruption enforcement, refugee rights, and the conduct of public institutions.

Notably, the day’s cause list reflects a surge in public interest litigation, with individuals, civil society groups, and political actors increasingly turning to the courts to challenge state decisions and actions.

For Kigame, the case also carries political weight. The presidential hopeful has consistently positioned himself as a reformist voice advocating for justice, transparency, and institutional accountability. By taking on top security officials, he signals a willingness to confront entrenched power structures head-on.

“This is not about politics—it is about justice for victims and a clear message that Kenya must never normalize the use of unlawful force against its citizens,” Kigame said.

The respondents in the case are expected to oppose the application, potentially arguing that the actions of security agencies were carried out within the law and in the interest of maintaining public order. The court’s decision on whether to grant leave for private prosecution will therefore be pivotal.

If approved, the proceedings could evolve into one of the most consequential legal battles in recent years, placing the conduct of Kenya’s security apparatus under intense judicial scrutiny.

Beyond the courtroom, the case is likely to reignite national debate over policing, protest rights, and the limits of state power. Human rights advocates have long called for greater oversight of law enforcement agencies, while security officials often defend their actions as necessary to preserve stability.

As the matter comes up for mention, attention will be firmly fixed on the High Court, where the next steps in Kigame’s legal challenge—and potentially a defining moment for accountability in Kenya—will begin to unfold.