KNCHR Condemns Church Teargassing in Nyeri as Rights Violation
The Kenya National Commission on Human Rights (KNCHR) has strongly condemned the teargassing of worshippers at St Peter’s Anglican Church of Kenya (ACK) in Wairima, Nyeri County, describing the incident as brutal, unjustified, and a grave violation of constitutional rights.
In a statement issued on Sunday, the commission said it had received with “profound shock” reports that police officers deployed teargas inside the church during a peaceful Sunday service attended by children, elderly persons, and other vulnerable worshippers.
According to KNCHR, some of the police officers involved were reportedly hooded, in direct violation of court orders that require officers to be identifiable during operations.
“During the peaceful Sunday church service attended by worshippers, including children and elderly persons, police officers reportedly deployed teargas within the place of worship without any lawful justification or reasonable cause,” the commission said.
KNCHR termed the use of force excessive, disproportionate, and indiscriminate, noting that the confined nature of the church significantly increased the risk of harm.
“The use of force in such circumstances was excessive, particularly given the presence of vulnerable persons,” the statement added.
The commission said the incident demonstrated a blatant disregard for the sanctity of places of worship and violated the principles of legality, necessity, and proportionality that govern the use of force in a democratic society founded on the rule of law.
KNCHR further expressed concern over what it described as a growing and consistent trend of attacks on places of worship linked to political tensions and intolerance, especially during periods of heightened political competition.
The commission warned that violence sanctioned by both state and non-state actors—including the use of hired goons—poses a serious risk of escalation as the country moves closer to an electoral period.
According to KNCHR, the incident violated multiple constitutional rights. These include the freedom of conscience, religion, and belief under Article 32, as worshippers were prevented from manifesting their faith through worship.
It also cited a violation of the freedom of assembly under Article 37, noting that a peaceful church gathering was unlawfully disrupted by state agents.
“The right to manifest religion through worship was curtailed,” the commission said, adding that police officers “attacked a peaceable church gathering.”
KNCHR further stated that the freedom and security of the person under Article 29 was violated, as worshippers were subjected to violence and cruel, inhuman, or degrading treatment.
“In totality, the state, through its agents, failed in its primary duty under Article 21 to observe, respect, protect, promote and fulfill the rights and fundamental freedoms of its citizens,” the commission said.
The commission also faulted the conduct of officers on the ground, saying it directly contravened Article 244 of the Constitution, which requires the National Police Service to comply with constitutional standards of human rights and fundamental freedoms.
Calling for immediate accountability, KNCHR urged the Inspector General of Police to ensure investigations into the incident are swift, independent, and transparent.
It also called on the Independent Policing Oversight Authority (IPOA) to immediately conduct independent investigations, seek the suspension of culpable officers, and subject them to the full force of the law, including criminal prosecution.
“This should include the police officers who deployed teargas, as well as the commanding officers who aided, sanctioned, or failed to prevent this gross abuse of power,” KNCHR said.
The commission further demanded that the Ministry of Interior and National Administration issue a public apology to the affected worshippers and put in place measures to guarantee non-repetition.
KNCHR said it will continue to monitor investigations and any ensuing legal proceedings to ensure justice is served and impunity addressed.
It reaffirmed its unwavering commitment to promoting a culture of human rights and holding duty bearers accountable to protect the rights and freedoms of all persons in Kenya.