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Post Reply: DPP approves terrorism charges against 37 individuals in Kahawa Law Courts

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 9, 2025, 11:08 am</div><div id="pl-6892"  class="panel-layout" ><div id="pg-6892-0"  class="panel-grid panel-no-style" ><div id="pgc-6892-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6892-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The Director of Public Prosecutions (DPP) in Kenya has approved terrorism charges against 37 individuals arraigned at the Kahawa Law Courts, located on the outskirts of Nairobi. The charges stem from violent incidents during anti-government protests on June 25, 2025, in Kikuyu, Kiambu County, and Matuu, Machakos County. These protests, initially organized to mark the anniversary of youth-led demonstrations against tax increases in 2024, escalated into chaos, resulting in significant destruction of government property and assaults on law enforcement officers.</p>
<p dir="ltr">In Kikuyu, 25 of the accused are alleged to have carried out coordinated attacks between 12:00 PM and 11:00 PM on June 25, targeting multiple government facilities. The affected sites included the Kikuyu Probation Offices, Kikuyu Law Courts, Kikuyu Sub-County Offices, Kikuyu Chief’s Office, the Office of the Registrar of Persons, Kikuyu Sub-County Education Office, the Sub-County Accountant’s Office, Registrar of Lands Office, Dagoretti Police Post, and the Kikuyu Deputy County Commissioner’s Office. Prosecutors described these acts as deliberate attempts to instill fear and undermine state authority.</p>
<p dir="ltr">In a separate incident in Matuu, 10 individuals are accused of attacking the Matuu Police Station on the same day. The assault resulted in the destruction of police vehicles and injuries to officers on duty. The prosecution emphasized that these acts were not spontaneous but constituted organized efforts to disrupt public order, justifying the terrorism charges under Section 4(1) of the Prevention of Terrorism Act No. 30 of 2012.</p>
<p dir="ltr">Among the accused are two prominent figures, Peter Kinyanjui Wanjiru, also known as Kawanjiru, and Serah Wanjiku Thiga, both allies of former Deputy President Rigathi Gachagua. The DPP alleges that Kawanjiru and Thiga played significant roles in orchestrating the Kikuyu attacks. Their charge sheets detail how they, alongside unidentified accomplices, caused extensive damage to critical government infrastructure. The prosecution clarified that these charges target individuals involved in destructive acts, not peaceful demonstrators exercising their constitutional rights under Article 37, which protects the right to assemble and protest.</p>
<p dir="ltr">The defense, led by Senior Counsel Kalonzo Musyoka, lawyer Kibe Mungai, and Ndengwa Njiru, has challenged the terrorism charges, arguing they are excessive and unconstitutional. Musyoka, a prominent Wiper Party leader, contended that the charges do not meet the legal threshold for terrorism and risk inflaming public sentiment. He highlighted that the penalty for terrorism carries a minimum of 30 years imprisonment, a disproportionate punishment for individuals who may have been exercising their right to protest. The defense also raised concerns about the treatment of Kawanjiru and Thiga, alleging they were re-arrested shortly after being granted bail at Ruiru Law Courts, raising questions about the rule of law.</p>
<p dir="ltr">The arraignment process faced delays due to heightened security concerns amid ongoing Saba Saba protests, a significant annual demonstration in Kenya commemorating pro-democracy movements. Initially scheduled for July 7, the plea-taking was postponed to July 8, with the accused appearing both virtually and in person at the Kahawa Law Courts. The defense sought to block the DPP from pursuing the terrorism charges, arguing that the charge sheets were defective and that the prosecution’s approach undermined constitutional protections.</p>
<p dir="ltr">Magistrate Gideon Kiage, presiding over the case, ordered the 37 suspects to remain in custody at various police stations until July 10, 2025, when he will deliver a ruling on the defense’s application to bar the terrorism charges. The court also granted the defense team, including representatives from the Law Society of Kenya, unconditional access to the suspects to prepare their case. The prosecution defended the charges, asserting that they were based on thorough investigations by the Anti-Terrorism Police Unit (ATPU) and that the decision to charge was made independently after reviewing evidence. They urged the court to proceed with plea-taking, emphasizing that the charges were not motivated by malice but by the need to protect public safety and property.</p>
<p dir="ltr">The June 25 protests were part of a broader wave of unrest in Kenya, driven by public discontent over economic challenges and allegations of police brutality. Sparked a year earlier by opposition to proposed tax hikes in the Finance Bill of 2024, the demonstrations have continued to reflect frustrations among Kenya’s youth, particularly the Gen Z demographic. The Kenyan National Commission on Human Rights reported that fresh protests on July 7, 2025, resulted in at least 10 fatalities, underscoring the ongoing tensions in the country.</p>
<p dir="ltr">The prosecution stressed that the charges are not aimed at suppressing dissent but at addressing specific acts of violence and destruction. However, critics, including opposition leaders, argue that applying terrorism charges to protesters risks escalating political tensions and alienating young Kenyans. The case has drawn significant attention, with debates centering on the balance between maintaining public order and protecting the right to protest.</p>
<p dir="ltr">As the case progresses, all eyes will be on the Kahawa Law Courts on July 10, when Magistrate Kiage’s ruling will determine whether the suspects will plead to the terrorism charges or if the defense’s application to dismiss them will succeed. The outcome could set a significant precedent for how Kenya handles protest-related violence and the application of anti-terrorism laws in such contexts. For now, the 37 suspects remain in custody, with their legal teams preparing to challenge the charges in what promises to be a high-stakes legal battle.</p>
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