The Kenya National Commission on Human Rights (KNCHR) has received with profound shock and unequivocal condemnation the media reports of the brutal and unwarranted attack on worshippers at St. Peter’s ACK Church in Wairima, Othaya, Nyeri County, on Sunday, January 25, 2026.
During the peaceful Sunday church service attended by worshippers, including children and elderly persons, police officers (some of who were hooded contrary to Court orders that all police officers must be identifiable) reportedly deployed teargas within the place of worship without any lawful justification or reasonable cause. The use of force in these circumstances was manifestly excessive, disproportionate, and indiscriminate, particularly given the confined nature of the space and the presence of vulnerable persons. Such actions demonstrate a blatant disregard for the sanctity of a place of worship and are wholly inconsistent with the principles of legality, necessity, and proportionality that govern the use of force in a democratic society founded on the rule of law.
KNCHR has noted a growing and consistent trend of attacks on places of worship arising from political tensions and intolerance particularly in contexts marked by heightened political competition. Violence sanctioned by both state and non-state actors including through the use of goons heightens the risk of conflict, especially as the country heads to an electoral period, underscoring the urgent need to safeguard institutional independence, promote political tolerance, and uphold constitutional guarantees of participation, expression, and accountability.
The use of teargas in a Church or any place of worship environment, is a disproportionate and reckless act that cannot be justified under any circumstances and the actions of the Police Officers constitute a clear and severe breach of the Bill of Rights enshrined in the Constitution of Kenya, 2010.
The Commission notes that this incident violated multiple fundamental rights. The right to Freedom of Conscience, Religion, and Belief (Article 32) was directly and violently disrupted, as the right to manifest religion through worship was curtailed. Furthermore, the Freedom of Assembly as enshrined in Article 37 was violated by the State's agents, who attacked a peaceable Church gathering.
Most disturbingly, the Freedom and Security of the Person (Article 29) was violated, as worshippers, including children and the elderly, were subjected to violence and cruel, inhuman, or degrading treatment. In totality, the State, through its agents, failed in its primary duty under Article 21 to observe, respect, protect, promote, and fulfil the rights and fundamental freedoms of its citizens. Moreover, the conduct of the National Police Service (NPS) officers on the ground was in direct contravention of Article 244, which mandates the NPS to comply with constitutional standards of human rights and fundamental freedoms.
Call for Immediate Action and Accountability:
Pursuant to its mandate under Article 59 of the Constitution, the Kenya National Commission on Human Rights condemns this attack in the strongest possible terms and demands immediate and decisive action from the ;-
1. Inspector General of the National Police Service (NPS) to ensure investigations by the Internal Affairs Unit (IAU) is swift, independent, and transparent.
2. Independent Policing Oversight Authority (IPOA)- to immediately conduct independent investigations to identify, seek suspension and subjected to the full force of the law, including criminal prosecution those found culpable especially the police officers who deployed teargas, as well as the Commanding Police Officers who aided, sanctioned, or failed to prevent this gross abuse of power.
3. The Ministry of Interior and National Administration to issue a public apology to the affected worshippers and ensure non repetition.
The KNCHR will continue to actively monitor the investigation and subsequent legal proceedings to ensure that justice is served and impunity addressed. The Commission reaffirms its unwavering commitment to promoting a culture of human rights and holding duty bearers accountable to protect the rights of all persons in Kenya.
KNCHR urges the public to continue reporting any Human Rights violations and concerns through the following channels: SMS: 22359, Email: complaint@knchr.org, WhatsApp: 0798 849 871 and Toll-Free Line: 0800 720 627.
Claris Ogangah
Chairperson,
Kenya National Commission on Human Rights