Azimio la Umoja One Kenya Coalition Party has withdrawn several prayers in a High Court petition in which it is seeking to hold senior police commanders personally responsible for the deaths of dozens of people during anti-government protests held between March and June 2023.
Appearing before the court, parties recorded a consent in which four prayers sought by the petitioners were formally withdrawn.
The move narrows the dispute and allows the court to focus on the core constitutional questions, particularly the doctrine of command responsibility.
“We are withdrawing prayers e,g,f and h in the petition because the issues have been resolved we however would like to Proceed with the constitution regarding the doctine of command responsibilities,” Azimio la umoja coalition told the court
The doctrine assigns liability to senior officers for unlawful acts committed by officers under their command where there is knowledge of the acts or failure to prevent them. Azimio has anchored its case on this principle.
Following the withdrawal, the court directed all parties to file and exchange written submissions within 21 days, after which a date for highlighting of submissions will be issued.
The petition was filed by Azimio over the conduct of security agencies during anti-government demonstrations held between March and June 2025. The coalition has sued the Inspector General of Police, the National Police Service and the Attorney General.
Azimio claims that more than 70 people were killed during the protests as a result of police action, saying it documented at least 75 deaths. The coalition wants the court to find the Inspector General and commanders in charge of police units or formations responsible for the actions of officers under their command.
Initially, the petition sought multiple prayers, including interim and declaratory orders. However, following engagements between the parties, it was agreed by consent that four prayers be withdrawn to streamline the case and allow the court to focus on the core constitutional and accountability issues.
The case will now proceed on the basis of the surviving prayers once submissions are filed and considered by the court.
