A former candidate for the presidency, Reuben Kigame, has submitted a legal petition to the High Court requesting permission to initiate a private prosecution against senior security officials for the killings and abductions that occurred during the Gen Z protests in 2024 and 2025.
The case, which Kigame claims marks the initial step in requesting the International Criminal Court to address the issue, has been submitted to the criminal division of the High Court in Nairobi.
Via his attorney Gitobu Imanyara, Kigame asserts that over 100 nonviolent demonstrators and onlookers have been unlawfully killed by government officials, including police personnel.
Numerous others have been taken and endured intense suffering, while some have been found deceased in situations suggesting they were tortured and killed.
As per Kigame, the Director of Public Prosecutions, Renson Igonga, has not taken legal action against those involved; therefore, he has submitted a request to be permitted to pursue criminal charges against Interior CS Kipchumba Murkomen, Inspector General of Police Douglas Kanja, DCI head Mohamed Amin, and National Intelligence Service Director General Noordin Haji.
Kigame claims that the DPP has declined to act even though they were informed about the offenses and were urged to intervene in the presence of clear and substantial evidence.
He claims that the DPP's lack of action constitutes neglect of responsibility; therefore, the court should permit him to proceed with the prosecution.
In his affidavit, Kigame states, 'The petitioner is therefore requesting the court's permission to proceed with a private prosecution against the respondents.'
The individuals facing legal action include the DPP, Interior Cabinet Secretary Kipchumba Murkomen, Police Inspector General Douglas Kanja, DCI Director Mohammed Amin, NIS Director General Noordin Haji, and Attorney General Dorcas Oduor.
Kigame states that they are the ones entrusted with the duty of ensuring the safety of Kenyans and upholding national security in general.
Therefore, they hold the highest accountability for the atrocities committed during the Gen Z protests, such as murder, kidnappings, torture, and unlawful executions.
Kigame states that if those responsible are not brought to trial as soon as possible, there will be a strong chance that both public and private justice will fail.
There are clear reasons to believe that a serious social wrongdoing is being permitted to thrive due to the prosecutor's inaction, and the private prosecution serves as an effort to address the negligent or deliberate failure to bring charges.
Kigame states that the abuses carried out by the government against its people are crimes that clearly fall under the International Crimes Act, enabling the ICC to assume responsibility for the case.
He has documented 91 Kenyans who lost their lives between June 2024 and July 2025, including Rex Kanyike Maasai, who was killed by gunfire during demonstrations in Nairobi's central business area.
"I am acting on behalf of all parents whose children have been killed, activists, and religious leaders who stand for justice. Torture, forced disappearances, and extrajudicial executions are not only unlawful but also constitute crimes under international law. No position or title provides protection from these atrocities," Kigame said to reporters outside the Milimani Law Courts after submitting his petition.
Imanyara stated that the case signifies the start of the first steps in inviting the ICC to assume responsibility for the matter following the exhaustion of all available prosecution avenues in Kenya.
They are seeking a ruling from the High Court stating that the extensive arrests, deaths, kidnappings, and mistreatment of non-violent demonstrators constitute breaches of the right to life, freedom, and the right to be treated with dignity.
Additionally, a court order is requested that recognizes the disrespect shown to corpses and the open exhibition of police violence during law enforcement demonstrations as an infringement on the right to human dignity.