At Agents of Peace Organization (APO), we believe lasting peace depends on the rule of law, respect for constitutional rights, and the freedom of every Kenyan to participate in political and electoral life without fear.

A public-interest constitutional petition filed by human rights defender David Khaemba on 12 August 2026 speaks directly to that mission. The petition asks the High Court to intervene to protect the Constitution and safeguard the right of all Kenyans to engage in political and electoral activities peacefully, freely, and without intimidation.

Named as respondents are the Attorney General; the Cabinet Secretary for Interior and National Administration; the Inspector General of Police; the Director of Criminal Investigations (DCI); the Independent Police Oversight Authority (IPOA); and the Independent Electoral and Boundaries Commission (IEBC).

Why this matters for peacebuilding

The petition seeks constitutional protection for every Kenyan — regardless of political opinion, ethnicity, religion, or social status — amid reports of rising violence linked to political gatherings in the current electoral cycle.

It raises concerns about political violence, intimidation, destruction of property, and interference with political activities, citing reported incidents in places including Malava, Kabuchai, Trans-Nzoia, Nyahururu, and Ol Kalou.

From APO’s perspective, these concerns sit at the heart of community peacebuilding: when citizens cannot assemble, campaign, report, or express political views safely, social cohesion and democratic trust are weakened.

What the petition seeks

• Conservatory and supervisory orders to strengthen constitutional protections ahead of the next general election.
• A declaration that failure by state agencies to protect life, personal security, property, and political rights violates the Constitution — and that victims are entitled to appropriate constitutional remedies.
• An order directing the respondents to establish a transparent mechanism for receiving, verifying, and processing claims by people who suffered death, injuries, property destruction, or loss of livelihoods due to violence.
• A determination on whether public authorities have met their constitutional duties to prevent violence, protect rights, investigate reported offences, and uphold the rule of law.

When the matter came up for directions on 18 August 2026, Justice Stephen Mbungi declined to certify the petition as urgent and directed that the respondents be served. An inter partes hearing of the notice of motion was fixed for 17 September 2026.

Constitutional freedoms belong to everyone

In his supporting affidavit, Khaemba affirms 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.”

“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.”

He further stresses that protecting these freedoms is the responsibility of all state institutions, and that the petition seeks stronger transparency and accountability in investigating election-related violence — so that public confidence in constitutional governance can grow.

APO shares that conviction: constitutional disputes should be resolved through independent courts and lawful institutions, not through violence or intimidation.

APO’s call

As Kenya moves toward the next electoral season, Agents of Peace Organization calls on communities, leaders, and institutions to:

• Reject political violence and intimidation in all forms.
• Protect the rights of every person to peaceful assembly and political participation.
• Support transparent investigation and remedy where rights have been violated.
• Choose dialogue, accountability, and the rule of law as pathways to lasting peace.

This article is informed by reporting originally published by The Star (Hilton Otenyo, 21 August 2026). Photo credit: Hilton Otenyo / The Star.