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Post Reply: Kenya's DPP Defends Terrorism Charges Against Protesters, Citing National Security

<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 22, 2025, 8:01 am</div><div id="pl-7117"  class="panel-layout" ><div id="pg-7117-0"  class="panel-grid panel-no-style" ><div id="pgc-7117-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7117-0-0-0" 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 staunchly defended the decision to charge several anti-government protesters under the Prevention of Terrorism Act (POTA), asserting that the charges are rooted in legal thresholds and national security imperatives, not political motives. The Office of the Director of Public Prosecutions (ODPP) issued a statement addressing widespread criticism following the arrests and charging of protesters involved in demonstrations on June 25 and July 7, 2025, which saw significant destruction of public and private property, including government buildings, law courts, and police stations.</p>
<p dir="ltr">The protests, driven by public discontent over economic stagnation, alleged police brutality, and governance issues, escalated into violent acts, including vandalism, looting, and arson. The ODPP highlighted that these actions were not spontaneous demonstrations but calculated and coordinated acts of violence aimed at crippling essential government operations, instilling fear, and eroding public trust in democratic institutions. The DPP emphasized that the charges under POTA align with Sections 2 and 4 of the Act, which define terrorism as acts intended to cause serious disruption of essential services, intimidate the public or government, or create widespread fear through targeted destruction.</p>
<p dir="ltr">The DPP's office cited Chief Justice Martha Koome’s characterization of the arson attack on the Kikuyu Law Courts as an act of terrorism to justify the charges. The statement clarified that the prosecutions are not aimed at suppressing legitimate political expression but at individuals who allegedly engaged in acts of terrorism and destruction. The ODPP reassured the public that all charges are based strictly on available evidence, with each accused individual guaranteed a fair trial, legal representation, and full access to due process as outlined in Kenya’s Constitution.</p>
<p dir="ltr">The protests, which have rocked the nation since President William Ruto took office in 2022, have been fueled by grievances over economic challenges and perceived police excesses. On July 7, 2025, Kenyans marked the 35th anniversary of the Saba Saba protests, a historic pro-democracy movement from 1990, with demonstrations that turned deadly. The Kenya National Commission on Human Rights reported that at least 31 people were killed and 107 injured during the July 7 protests, bringing the total death toll to 51 over the past two months. Interior Cabinet Secretary Kipchumba Murkomen reported nearly 1,500 arrests, with suspects facing charges ranging from terrorism, murder, and robbery with violence to arson and malicious damage to property. Of these, 50 suspects are under investigation by crime units, and 71 cases are being handled by the Anti-Terrorism Police Unit.</p>
<p dir="ltr">Murkomen described the unrest as "raw and unprecedented terror" perpetrated by "marauding gangs of looters and barefaced anarchists." He challenged critics of the terrorism charges to define the acts of invading and burning police stations, stealing firearms, destroying court buildings, and attacking private businesses. The government has condemned the violence as orchestrated and premeditated, with ongoing investigations into political and financial actors, including alleged involvement of foreign nationals, accused of inciting fear and subverting the Constitution.</p>
<p dir="ltr">The decision to charge 37 individuals with terrorism at the Kahawa Law Courts on July 8, 2025, sparked significant backlash. Critics, including prominent lawyer Willis Otieno, argued that the reckless use of anti-terror laws risks delegitimizing national security frameworks and portraying Kenya as a fragile state. Siaya Governor James Orengo called the charges against protesters, including activist Boniface Mwangi, "ridiculous," asserting that protected speech and political action should not be criminalized. Former Chief Justice David Maraga accused the Ruto administration of weaponizing the criminal justice system to intimidate dissenters.</p>
<p dir="ltr">In a notable development, terrorism charges against Boniface Mwangi, a prominent activist, were dropped on July 21, 2025, following widespread condemnation and online campaigns under the hashtag #FreeBonifaceMwangi. Mwangi faced accusations of paying "goons" to incite unrest, but the charges were reduced to unlawful possession of ammunition. The move was seen by critics, including the People’s Rights Watch Group, as an admission of prosecutorial overreach. Mwangi, who has been arrested multiple times in Kenya and reportedly tortured in Tanzania while attending a treason trial, remains a vocal critic of the government.</p>
<p dir="ltr">The protests have also highlighted allegations of police misconduct, with rights organizations reporting 26 missing Kenyans allegedly abducted by security forces over the past year. The death of 31-year-old blogger and teacher Albert Ojwang in police custody further fueled public anger, prompting renewed calls for accountability. Murkomen acknowledged concerns about police use of force, announcing a forthcoming policy directive on the use of firearms by the National Police Service. He emphasized that any officer found culpable of misconduct would face legal consequences, noting that one officer is already charged with murder.</p>
<p dir="ltr">Businesses across counties like Nairobi, Nakuru, Kiambu, and Eldoret suffered significant losses, with supermarkets, retail stores, and private enterprises looted or destroyed. In Kitengela, rioters stormed a sub-county hospital, disrupting a caesarean surgery and terrorizing patients and medical staff. Murkomen criticized the release of suspects on what he deemed lenient bail terms, such as KSh 50,000, calling it unacceptable.</p>
<p dir="ltr">The government maintains its commitment to protecting the constitutional right to peaceful assembly under Article 37 but warns against using protests as a cover for lawlessness. As investigations continue, the DPP’s office faces the challenge of balancing national security concerns with public demands for justice and the protection of democratic freedoms.</p>
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