From left; Rigathi Gachagua, Fred Matiang'i, Eugene Wamalwa and Kalonzo Musyoka when they issued the statement yesterday. Photo/Courtesy.
The United Alternative Government (UAG) Vows Private Prosecution Over Witima Church Attack
By MKT Reporter
Kenya’s political landscape took a dramatic turn yesterday after leaders of the United Alternative Government (UAG) announced they would initiate private prosecutions over the violent attack at Witima ACK Church in Othaya and the alleged attempted assassination of former Deputy President Rigathi Gachagua.
In a press statement issued, the opposition coalition declared it would no longer engage with Inspector General of Police Douglas Kanja, accusing his office of presiding over what they described as a deliberate obstruction of justice.
The leaders; Stephen Kalonzo Musyoka, Gachagua, Eugene Wamalwa and Fred Matiang’i claimed investigations into the last month church attack had already been concluded and that a case file identifying 12 police officers and two Members of Parliament had been prepared for prosecution.
However, they alleged that the file was intercepted by Interior Cabinet Secretary Kipchumba Murkomen, who reportedly directed that no prosecution should proceed; an allegation that, if substantiated, would raise serious constitutional questions.
From Good Faith to Open Confrontation
The UAG leaders recounted that they met the Inspector General at Jogoo House a few days after the attack in what they described as “good faith,” believing investigations would be independent.
A follow-up meeting scheduled for Monday did not materialize after they were informed the Inspector General was unavailable.
Since then, they said, they had received “reliable information” that the perpetrators; allegedly 12 officers using two Land Cruiser vehicles from Nairobi had been identified, along with two MPs from Murang’a and Nyeri counties said to have financed the operation.
The alleged attempted assassination of Gachagua at the church has heightened tensions in an already polarized political climate.
At the heart of the dispute is Article 157 of the Constitution, which guarantees the independence of the Office of the Director of Public Prosecutions (DPP).
The UAG argued that no authority, including a Cabinet Secretary, has the power to direct or interfere with prosecutorial decisions.
Invoking Article 157(6)(b) of the Constitution, Section 28 of the Office of the Director of Public Prosecutions Act, and Section 88 of the Criminal Procedure Code, the coalition announced it would commence private prosecutions against
The 12 police officers allegedly involved in the Witima ACK Church attack and the two Members of Parliament accused of financing the operation.
Private prosecutions, while rare, are constitutionally permissible in Kenya when the State fails or refuses to act.
Legal experts note that courts typically require proof that public prosecutorial avenues have been exhausted or improperly stalled.
“This is precisely the kind of political inertia the framers of the Constitution sought to prevent,” the statement read.
The coalition also took aim at the National Police Service motto “Utumishi kwa Wote” (Service to All); arguing that it has become hollow if justice is selectively applied.
“Service to all cannot mean protection for the powerful and repression for the opposition,” the statement declared.
The leaders accused the police service of being used as a political tool and warned against interference in upcoming opposition gatherings.
Mass Rallies Announced
The UAG confirmed it will hold public assemblies beginning this Sunday in Nairobi, followed by rallies in Kisii, Nyamira, and Nakuru next week.
They cited Article 37 of the Constitution, which guarantees the right to peaceful assembly, and placed the Inspector General and police service “on formal notice” not to interfere.
“We are watching and we are recording,” the statement warned, referencing what they described as past disruptions involving uniformed and plainclothes officers.
The announcement signals a significant escalation in Kenya’s political standoff.
By choosing private prosecution over continued engagement with the police leadership, the opposition has shifted the battle from political negotiation to constitutional litigation.
Whether the courts will admit and sustain the private prosecutions remains to be seen.
But the move underscores a broader narrative emerging in Kenyan politics; a struggle over institutional independence, the rule of law, and the limits of executive power.
As the UAG leaders concluded: “The Constitution gives us a path and we will take it”,
The coming weeks may determine whether that path leads to accountability or deeper political confrontation.
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