DNK International By Elizabeth Were,Nairobi.
An activist has moved to the High Court alleging that he was unlawfully arrested and subjected to an abuse of the criminal justice system after expressing his intention to file a constitutional petition challenging accountability and governance issues at the Kenya Wildlife Service (KWS).
In a petition filed before the Constitutional and Human Rights Division, Francis Awino claims that his arrest and attempted prosecution were carried out without a warrant, without completed investigations and in the absence of any prosecutorial approval, arguing that the criminal process was deliberately invoked to punish and silence him for pursuing lawful constitutional oversight.
He has sued KWS Director General Prof. Erastus Kanga, the Director of Public Prosecutions, the Inspector General of Police and other State agencies, accusing them of misusing police and prosecutorial powers to intimidate him and deter public interest litigation touching on the management of KWS.
Awino says that in early January 2026, he prepared a constitutional petition questioning governance and accountability issues at the State corporation headed by Prof. Kanga.
He maintains that his intended action fell squarely within his constitutional rights to access justice, free expression and public interest litigation.
According to court papers, Awino alleges that instead of allowing the matter to be addressed through lawful judicial channels, Prof. Kanga treated the intended petition as a personal threat and instigated the use of investigative agencies against him.
The petitioner claims that shortly after engaging with Prof. Kanga’s office over the intended court action, he was arrested on January 14, 2026, without a warrant, summons or completed investigations.
He says “no charge sheet had been prepared, no evidence evaluated and no prosecutorial approval granted at the time of his arrest.”
Awino further states that investigators moved to court under a miscellaneous criminal application at the JKIA Law Courts seeking custodial orders to continue investigations, an action he says amounted to an admission that the arrest preceded investigations.
“The arrest was used as an investigative tool, contrary to the Constitution and settled jurisprudence,” the petition states.
Court records show that prosecutors informed the magistrate that investigations were ongoing and sought extended detention, but the court declined and ordered Awino’s release on cash bail, directing that investigations could continue without custodial detention.
When the matter came up again on January 27, 2026, the prosecution again conceded that investigations were incomplete, prompting the court to rule that investigations must be finalized before any charges could be preferred.
Awino argues that the criminal process was weaponized to intimidate him, deter litigation and shield Prof. Kanga from judicial scrutiny.
He claims the actions violated his rights to liberty, dignity, equality before the law, fair administrative action and fair trial.
The petitioner is seeking declarations that the arrest and detention were unconstitutional, damages for unlawful arrest and malicious prosecution, and orders declaring Prof. Kanga unfit to hold public office.
He also wants the court to direct the Public Service Commission to commence disciplinary proceedings based on the court’s findings.
[DNK-International@February 3,2026]
