The Kenya National Commission on Human Rights (KNCHR) has strongly condemned the teargassing of worshippers at St. Peter's ACK Church in Wairima, Othaya, Nyeri County, describing the incident as a “day of shame” for the nation.
The attack occurred on Sunday, January 25, during a peaceful church service attended by children, the elderly, and other congregants.
According to KNCHR, police officers, some of whom were hooded in violation of court directives requiring all officers to be identifiable, deployed teargas inside the church without any lawful justification.
The Commission described the use of force as “manifestly excessive, disproportionate, and indiscriminate,” noting that the confined nature of the space and the vulnerability of attendees made the action particularly egregious.
The Commission further highlighted that the incident reflects a worrying pattern of attacks on places of worship, often arising from political tensions and heightened competition ahead of electoral periods.
KNCHR stated that such acts, whether by state or non-state actors, increase the risk of conflict and demonstrate a disregard for constitutional principles, including legality, necessity, and proportionality in the use of force.
The Commission pointed out that multiple fundamental rights were violated, including freedom of conscience, religion, and belief (Article 32), freedom of assembly (Article 37), and freedom and security of the person (Article 29).
KNCHR said the actions of the National Police Service contravened Article 244 of the Constitution, which requires officers to uphold human rights standards, and that the State failed in its duty to protect citizens under Article 21.
In response, KNCHR has called for immediate action from relevant authorities. The Inspector General of Police is urged to ensure a swift, independent, and transparent investigation by the Internal Affairs Unit.
The Independent Policing Oversight Authority (IPOA) is asked to investigate and hold accountable officers responsible for deploying teargas or failing to prevent the abuse.
The Ministry of Interior and National Administration has been called upon to issue a public apology and prevent recurrence.
KNCHR confirmed it will monitor the investigation and legal proceedings closely and encouraged the public to report any human rights violations via its complaint channels.
Claris Ogangah, Chairperson of KNCHR, emphasized that accountability and protection of citizens’ rights remain central to promoting a culture of human rights in Kenya.