The United Opposition has declared its intention to initiate private prosecutions against those implicated in the violent attack at Witima ACK Church in Othaya and the alleged attempted assassination of Second Deputy President Rigathi Gachagua.
In a statement Thursday the leaders said this decision targets twelve police officers who carried out the assault and two Members of Parliament from Murang’a and Nyeri counties accused of financing the operation.
The United Opposition coalition, led by Kalonzo Musyoka, Rigathi Gachagua, Eugene Wamalwa, and Fred Matiang’i, stated that this step is necessary due to the failure of state institutions to act. According to their press release, investigations by the National Police Service have already concluded, identifying the perpetrators and their backers. However, the investigative file, which was prepared for transmission to the Director of Public Prosecutions (DPP), has reportedly been intercepted by Cabinet Secretary for Interior Kipchumba Murkomen.
They claim Murkomen issued directives halting any prosecution, labeling it as “a criminal abuse of power” and “obstruction of justice.” “This constitutes a direct assault on the rule of law and a grave violation of the Constitution of Kenya,” the statement read in part, emphasizing that the DPP’s office is independent under Article 157(10) and should not be subject to external interference.
The leaders now claim the Ministry of Interior is being weaponized to shield “criminals in uniform and their political patrons,” undermining the police motto of “Utumishi kwa Wote” – Service to All.
They say the decision to pursue private prosecution is grounded in constitutional provisions. Article 157(6)(b) of the 2010 Constitution allows private individuals or entities to institute criminal proceedings when the state fails or refuses to act. This is further supported by Section 28 of the Office of the Director of Public Prosecutions Act, 2013, and Section 88 of the Criminal Procedure Code, which outline the process for obtaining magisterial leave.
They stated that the threshold for private action has been met, given the “culpable, politically-driven inertia” from public authorities.
The move comes after unsuccessful engagements with Inspector General Douglas Kanja. An initial meeting on January 30, 2026, at Jogoo House raised hopes for independent investigations, but a follow-up on February 16 was postponed, and subsequent information revealed the alleged cover-up. “We find it not only unnecessary, but a disservice to Kenyans, to continue engaging an Inspector General whose hands have been tied by his political masters,” they said.
The United Opposition has vowed that “justice for the victims of Wilima ACK Church will be served, with or without the cooperation of a compromised Inspector General.
