Lawyers warn of escalating political violence ahead of 2027 elections

Leading legal bodies in Kenya have issued a stark warning about the mounting risks to democratic processes in the lead-up to the anticipated 2027 General Election. In a joint statement issued during the Law Society of Kenya's annual conference, the Law Society, East Africa Law Society, Federation of Women Lawyers, and the Kenyan Section of the International Commission of Jurists all expressed deep concern over the surge in political unrest, hate speech, and violence targeting marginalized groups.

The organizations cite a disturbing trend of "goonism" and impunity that threatens to undermine the very foundations of Kenya's electoral system.

Recent incidents, including the violent disruption of a civic forum in Nairobi, an attempted attack on a cathedral in Kisumu, and fatal violence in Keumbu, have demonstrated the severity of the problem. The lawyers also pointed to alleged intimidation and violence against voters during the by-election in Ol Kalou, as well as threats of violence surrounding political rallies in Homa Bay.

They argue that if these issues are not addressed swiftly, they could lead to a culture of violence and intimidation surrounding the 2027 elections.

The legal community has identified lack of accountability as a key driver of this violence, alleging selective prosecution of hate-speech cases and the failure to hold accountable those who profit from criminal gangs. They further expressed alarm over the absence of specialized mechanisms to address sexual and gender-based violence, as well as accusations of police complicity in attacks against civilians.

The legal organizations have called on key state agencies - the National Police Service, National Intelligence Service, and Office of the Director of Public Prosecutions - to expand their efforts to identify and prosecute those responsible for political violence and sexual and gender-based violence, regardless of their political affiliations.

They reminded the Director of Public Prosecutions of his constitutional duty to investigate and prosecute those who violate Kenya's laws, and urged the Inspector General of the National Police Service to use his authority to ensure that policing during the election period is grounded in the protection of citizens' rights.

The lawyers also urged the newly formed National Cohesion and Integration Commission to take decisive action against hate speech and ethnic incitement, particularly when it emanates from political leaders. They emphasized that the protection of peaceful assemblies and political activities is paramount to maintaining the public's trust in the security institutions.

The legal profession pledged to actively monitor the electoral environment, document violations, provide legal aid, and support victims and survivors, while also pursuing accountability through legal channels. They stressed that while freedom of expression, peaceful assembly, association, and participation in political and public affairs are protected under the Constitution, these rights cannot be violated through violence, intimidation, or hate speech.

The legal bodies warned that the current climate demands urgent and coordinated action from state institutions, political actors, civil society, and citizens alike to prevent a repeat of Kenya's history of election-related violence. They pledged their commitment to working with Kenyans towards a free, fair, just, and peaceful electoral process in 2027.