KNCHR condemns police teargassing of worshippers at Nyeri church

The commission described the incident as a grave violation of constitutional rights.

In a statement on Monday, the Commission said it had received with “profound shock” media reports that police officers deployed teargas inside the church during a Sunday service on January 25, 2026. 

The service was attended by former Deputy President Rigathi Gachagua, alongside congregants that included children and elderly worshippers.

According to KNCHR, some of the officers involved in the operation were hooded, contrary to existing court orders that require all police officers to be identifiable. 

The Commission said the use of teargas in a confined place of worship, without lawful justification or reasonable cause, amounted to excessive, disproportionate and indiscriminate use of force.

“The actions demonstrate a blatant disregard for the sanctity of a place of worship and are wholly inconsistent with the principles of legality, necessity and proportionality that govern the use of force in a democratic society,” the Commission said.

KNCHR further warned that the incident reflects a growing pattern of attacks on places of worship linked to political tensions and intolerance. 

It noted that violence involving both state and non-state actors, including the use of hired groups, heightens the risk of conflict, particularly as the country approaches an election period.

The Commission said the incident constituted a serious breach of the Bill of Rights under the Constitution of Kenya, 2010. It cited violations of the right to freedom of conscience, religion and belief under Article 32, noting that worshippers were prevented from freely manifesting their religion. 

It also said the disruption of a peaceful church gathering violated the right to assembly under Article 37.

KNCHR said the most serious concern was the violation of the right to freedom and security of the person under Article 29, as worshippers were subjected to violence and cruel, inhuman or degrading treatment. 

It added that the State failed in its duty under Article 21 to respect, protect and fulfil fundamental rights, while the conduct of the officers contravened Article 244, which requires the National Police Service to uphold human rights and fundamental freedoms.

The Commission has called for immediate accountability, urging the Inspector General of Police to ensure swift, independent and transparent investigations by the Internal Affairs Unit. 

It also called on the Independent Policing Oversight Authority (IPOA) to conduct independent investigations and pursue the suspension and prosecution of officers found responsible, including commanders who sanctioned or failed to prevent the incident.

KNCHR further urged the Ministry of Interior and National Administration to issue a public apology to the affected worshippers and to put in place measures to prevent a recurrence.