The rule of law in Kenya faces a critical test as the United Opposition bypasses the state prosecutor to charge police officers directly. Citing deliberate inaction, opposition leaders have announced they will initiate private criminal proceedings against 12 officers and two MPs linked to the violent Witima ACK Church attack.

This unprecedented move signals a total breakdown of trust between the opposition and the state’s investigative machinery. Leaders Kalonzo Musyoka, Rigathi Gachagua, and Eugene Wamalwa accused the Inspector General of Police of sitting on a completed investigation file that explicitly identifies the perpetrators. They argue that the "service to all" motto of the police has been twisted into "protection for the few," forcing them to seek justice through the courts directly.

Piercing the Shield of Impunity

The Witima incident, where teargas was lobbed into a packed church sanctuary, has become a flashpoint for political tension. The opposition claims to have irrefutable evidence—including vehicle registration numbers and command logs—that links specific officers from Nairobi to the chaos in Othaya. By invoking Article 157 of the Constitution, they are testing the judiciary’s willingness to hold the executive accountable.

• The Accused: The list includes a senior commander accused of ordering the teargas attack and two sitting MPs alleged to have financed the transport of goons.
• The Legal Strategy: Private prosecution is a rare tool in Kenya, usually reserved for when the Director of Public Prosecutions (DPP) refuses to act. This case could set a massive legal precedent.
• Political Fallout: The move effectively indicts the police leadership, suggesting they are complicit in political violence by failing to act on their own intelligence.

A Constitutional Showdown

"We are not asking for favors; we are demanding the law be followed," Kalonzo Musyoka declared at the press briefing. "If the state will not prosecute its own rogue agents, the people will."

This legal maneuver is more than just a court case; it is a direct challenge to the legitimacy of the current police leadership. If the courts allow the private prosecution to proceed, it will strip the Inspector General of the monopoly on criminal justice and expose the internal rot within the service to public scrutiny.