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Inside private prosecution plan by opposition on behalf of victims of state atrocities

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Protestors hit by police water cannons at Garden City along Thika Road during the nationwide Gen Z protest anniversary on June 25, 2025.

Photo credit: Wilfred Nyangaresi | Nation

The opposition plans to document all the atrocities committed by the Kenya Kwanza administration and use it to pursue private prosecution in its quest to get justice for victims of police brutality.

Through the People’s Restoration Justice Commission (PRJC), launched on June 24, 2025, the opposition says part of the evidence collected will also be presented to the Director of Public Prosecutions (DPP) for onward action against individuals involved in committing atrocities against the public.

People’s Liberation Party leader Martha Karua(Centre) addresses journalists flanked by (from left) Dr Fred Matiangi, former Attorney-General Justin Muturi, former Deputy President Rigathi Gachagua and other opposition leaders at SKM Command Center in Nairobi on July 8, 2025.

Photo credit: Billy Ogada | Nation Media Group

These revelations have been made by Makueni Senator Dan Maanzo, a member of the commission, who said the opposition will go out of its way to ensure the government is accountable for the deaths and other injustices committed against the people.

“After documenting all the incidents, we will provide the evidence to the Director of Public Prosecutions to prosecute the people mentioned, if he fails then we will initiate private prosecutions,” Mr Maanzo said.

He said the evidence gathered will also be used by individual citizens affected to sue the government and seek compensation.

“We have no timeline, we will continue until everyone gets justice and the people are satisfied. This is a people’s initiative, so until they are satisfied, we will not stop,” Mr Maanzo said.

Mr Maanzo said they are currently putting up structures and a secretariat of the commission, adding that the membership will also be increased from the current four to nine.

They are targeting journalists, retired judges, senior lawyers and representatives from International Human Rights bodies and the Kenya National Commission on Human Rights.

Jeremiah Kioni

Jubilee Party Secretary General Jeremiah Kioni.
 

Photo credit: Billy Ogada | Nation Media Group

Jubilee Party Secretary General Jeremiah Kioni said in a statement that they are concerned by the increased incidences of extra-judicial killings, abductions and forced disappearances of peaceful demonstrators.

“There is a need to open public inquests into all deaths and disappearances linked to protests. Individual officers and commanders implicated must be held accountable,” Mr Kioni said.

The launch of the People’s Restoration Justice Commission (PRJC) by the opposition at the famous Ufungamano House marked another step by the opposition to pile pressure on President William Ruto’s administration on matters of governance.

During the launch, the immediate public service Cabinet Secretary Justin Muturi said the move was informed by the ‘too much trauma’ and atrocities in the country, and there is a need to address them.

Lawyer Bobby Mkangi

Photo credit: File | Nation

According to constitutional lawyer Bob Mkangi, the formation of the commission is just another form of demonstration and a tactical move by the opposition to keep the government on its toes.

Mr Mkangi says that while the formation of the commission may be informed by the provisions of Articles one and two of the constitution, he pointed out that it has no force of law to summon anyone to appear before it.

“This not the traditional commission known in government. It therefore has no powers to summon anyone. Those who will appear before it will do so voluntarily,” Mr Mkangi said.

Mr Mkangi also says that the recommendations of the commission may not be taken anywhere but will be a tool used by the opposition to embarrass the government on matters of governance.

“Although its recommendations will not be implemented, I think they make the report with an aim of embarrassing the government for failing to address people’s concerns,” Mr Mkangi said.

Rarieda MP Otiende Amollo termed the commission as a people’s initiative which is not anchored in any law.

“Since it’s not anchored in any law, it has no compulsive powers to compel or summon anyone to appear before it,” Dr Amolo said.

Even though Dr Amollo welcomed the pursuit of greater justice by the commission, he said there is nothing much it will achieve in the end.

“Anything aimed at achieving greater justice is not a bad thing but I don’t see it going far,” Dr Amollo said.

During the launch of the commission, Mr Muturi described it as a people-driven platform firmly rooted in justice, reconciliation, and constitutional accountability.

He said the commission is legally anchored in law and well-positioned to carry out its mandate of guiding Kenya through a process of truth, justice, and social restoration.

Apart from Mr Muturi and Maanzo, other members of the commission include political activist Fred Ogolla and Asha Bashir.