Former presidential aspirant Reuben Kigame flanked by activist Al-Amin Kimanthi and lawyer Gitobu Imanyara outside the Milimani law court in Nairobi on Thursday July 31, 2025./PETER OBUYA
Former presidential aspirant Reuben Kigame has filed a case in the High Court seeking leave to institute private prosecution of security chiefs over killings and abductions orchestrated during Gen Z protests in 2024 and 2025.
The case, which Kigame says is the first step to inviting the International Criminal Court to take up the matter, has been lodged before the criminal division of the High Court in Nairobi.
Through his lawyer Gitobu Imanyara, Kigame claims that more than 100 peaceful protesters and bystanders have been extrajudicially killed by state agents, including police officers.
Many others have been abducted and subjected to severe torture, while others have been discovered dead under circumstances indicative of torture and murder.
According to Kigame, Director of Public Prosecutions Renson Igonga has failed to institute criminal prosecution against those responsible; hence, his petition to be allowed to initiate criminal prosecution against Interior CS Kipchumba Murkomen, Inspector General of Police Douglas Kanja, DCI boss Mohamed Amin and National Intelligence Service Director General Noordin Haji.
Kigame argues that the DPP has refused to take action despite being aware of the crimes committed and also being asked to act in the face of overwhelming evidence.
He says the DPP’s inaction amounts to dereliction of duty; hence, the court should allow him to prosecute the case.
“The petitioner is therefore seeking the court’s leave to allow him to institute private prosecution proceedings against the respondents,” Kigame says in his affidavit.
Those sued are the DPP, the Interior CS Kipchumba Murkomen, Police IG Douglas Kanja, DCI boss Mohammed Amin, NIS director general Noordin Haji and the Attorney General Dorcas Oduor.
Kigame says they are the ones charged with the responsibility of keeping Kenyans safe and maintaining national security at large.
As such, they bear the greatest responsibility for the crimes against humanity committed during the Gen Z protests including murder, abductions, torture and extra-judicial killings.
Kigame says unless the perpetrators are prosecuted at the earliest opportunity, there will be a clear likelihood of failure of public and private justice.
There are demonstrable grounds that a grave social evil is being allowed to flourish unchecked because of the inactions of the prosecutor, and the private prosecution is an initiative to counteract the culpable refusal or failure to prosecute.
Kigame says the atrocities committed by the state against its citizens constitute crimes falling squarely within the jurisdiction of the International Crimes Act, which allows the ICC to take over the matter.
He has listed 91 Kenyans killed between June 2024 and July 2025 including Rex Kanyike Maasai who was shot dead during protests in Nairobi’s central business district.
“I am doing this on behalf of all parents whose children have been killed, activists and religious leaders who believe in justice. Torture, enforced disappearances and extrajudicial killings are not just illegal but are also crimes under international law. No office or title grants immunity for such atrocities,” Kigame told journalists outside the Milimani law courts after he filed his petition.
Imanyara said the case marks the beginning of the initial steps to inviting the ICC to take over the matter after exhaustion of all possible prosecution channels in Kenya.
They want the High Court to declare that the widespread arrests, killings, abductions, and torture of peaceful protesters amounted to violations of the right to life, freedom, and right not to be treated in an inhumane manner.
Also sought is an order declaring the desecration of bodies and public display of police brutality during police protests amount to a violation of the right to human dignity.
