By Andrew Kariuki
The High Court in Nairobi has issued procedural directions in a constitutional petition filed by civic activist Francis Awino, who alleges that senior state officials conspired to have him arrested and maliciously prosecuted to punish him for his activism.
Awino, a former president of the Bunge la Mwananchi organisation, moved to court challenging what he describes as a coordinated abuse of state power following his arrest in January 2026.
He claims the arrest was orchestrated to intimidate and silence him after he prepared to file a separate constitutional petition questioning the management and accountability of the Kenya Wildlife Service (KWS).
In the petition, Awino has named Erastus Kanga, the Director General of KWS, as a key respondent, alongside the Director of Public Prosecutions and the Inspector General of Police.
The Public Service Commission and the Ministry of Tourism, through its Cabinet Secretary, have been listed as interested parties.
Awino alleges that his arrest and prosecution were not based on legitimate law enforcement objectives but were instead intended to deter him from pursuing legal action against the leadership of KWS.
He contends that his intended petition was perceived as a personal attack on Prof. Kanga, prompting retaliation through the criminal justice system.
The petition cites multiple alleged violations of the Constitution, including the right to freedom from arbitrary arrest and detention, the rights of arrested persons, the right to a fair trial, fair administrative action, human dignity, equality before the law and adherence to national values and principles of governance.
When the matter came before Bahati Mwamuye, the court did not delve into the substance of the allegations but instead issued directions to guide the progression of the case.
Justice Mwamuye directed that the petition and all supporting documents be served on all respondents and interested parties, both in hard copy and electronically, by close of business on February 11, 2026.
Awino is required to file an affidavit of service by February 13, 2026 to confirm compliance.
The respondents and interested parties have been ordered to file and serve their responses by March 13, 2026.
Awino will then have until March 27, 2026 to file a rejoinder, should he consider it necessary.
The court scheduled the matter for a mention on May 7, 2026, when it will confirm compliance with the directions and issue further instructions on the hearing of the petition.
The case adds to a growing number of constitutional challenges in which activists are seeking judicial scrutiny of alleged misuse of state institutions to suppress dissent.
