Court Gives Directions in Activist’s Case Against State Officials.
Francis Awino, acivic actor and the former president of the Bunger la Mwananchi organisation, has filed a constitutional petition in the High Court of Kenta at Nairobi.The petition in question alleges that senior state officials conspired and subsequently orchestrated his arrest and malicious prosecution to punish him.
Respondents in the petition include Prof. Erastus Kanga (The Director General of the Kenya Wildlife Service), the Director of Public Prosecutions and the Inspector General of Police. Public Service Commission and the Cabinet Secretary for the Ministry of Tourism have also been named as interested parties.
The petition centers on the alleged violations of Awino’s constitutional rights following his arrest in January 2026.Awino claims that he was targeted after he had prepared to fole a constitutional petition to challenge the management and accountability of KWS under the Director General’s leadership. Awino alleges that Prof. Kanga took the impending matrer as a personal attack and that he retaliated through the criminal process.
Key allegations in his petition included unlawful Arrest and detention,malicious Prosecution and various constitutional Violations, including:
· Article 29 (freedom from arbitrary arrest)
· Article 49 (rights of arrested persons)
· Article 50 (right to a fair trial)
· Article 47 (fair administrative action)
· Article 28 (human dignity)
· Article 27 (equality before the law)
· Article 10 (national values and governance principles)
High Court judge Hon. Mr. Justice Bahati Mwamuye in response gave the following directions, that the Petition and supporting documents should be submitted to all Respondents and Interested Parties in both hardcopy and softcopy by the close of business on February 11, 2026, and that Mr. Awino must subsequently file an Affidavit of Service by February 13, 2026
The Respondents and Interested Parties must then file and serve their responses by March 13, 2026, after which the Petitioner may file a Rejoinder, if necessary, by March 27, 2026; finally, the case is scheduled for a mention hearing on May 7, 2026, to confirm compliance with these directives and to take further directions from the court.
