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Post Reply: Nelson Havi Criticizes Chief Justice Martha Koome Over Terrorism Charges on Protesters

<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 23, 2025, 8:52 am</div><div id="pl-7135"  class="panel-layout" ><div id="pg-7135-0"  class="panel-grid panel-no-style" ><div id="pgc-7135-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7135-0-0-0" 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">Former Law Society of Kenya (LSK) President Nelson Havi has accused Chief Justice Martha Koome of enabling the misuse of terrorism charges against Kenyans arrested during recent anti-government protests. The allegations stem from mass arrests during demonstrations in June 2025, where hundreds of protesters faced terrorism-related charges and were subjected to steep bail terms. Havi's criticism centers on Koome's characterization of an arson incident at the Kikuyu Law Courts as an act of terrorism, which he claims set a precedent for authorities to apply severe charges against protesters.</p>
<p dir="ltr">On June 26, 2025, Koome visited the Kikuyu Law Courts, which had been set ablaze during protests the previous day. She condemned the act, stating that the damage was not merely criminal but constituted terrorism. Havi argues that this statement emboldened law enforcement and state prosecutors to misuse the Prevention of Terrorism Act (POTA) against civilians, including young protesters and activists, instead of applying more proportionate charges under the Penal Code or Public Order Act. He questioned the basis of Koome's determination, asking, "On what yardstick did she make that determination?" Havi further likened the actions of Director of Public Prosecutions (DPP) Renson Ingonga to those of Bernard Chunga, a figure associated with past judicial overreach, suggesting a return to repressive tactics reminiscent of the 1980s.</p>
<p dir="ltr">The controversy has sparked broader criticism from the LSK, which echoed Havi's concerns. The organization argued that Koome's remarks have led to an overreach by law enforcement, who have applied terrorism charges to suppress dissent. The LSK emphasized that political dissent does not meet the legal threshold for terrorism and called for the DPP to reconsider all POTA-related charges linked to the protests. They urged that any legitimate claims of unlawful conduct be prosecuted with proportionate charges grounded in evidence. The LSK also highlighted the case of activist Boniface Mwangi, whose charge sheet was amended to include illegal possession of ammunition, as an example of the misuse of severe charges.</p>
<p dir="ltr">The Office of the DPP defended its actions in a statement released on July 21, 2025, asserting that the terrorism charges were justified based on evidence and national security considerations. The DPP referenced Koome's characterization of the Kikuyu Law Courts arson to support their position, noting that the destruction of government infrastructure, including courts and police stations, met the criteria for terrorism under POTA Sections 2 and 4. The DPP reported that ongoing investigations by the Serious Crimes Unit and the Anti-Terrorism Police Unit have placed 50 suspects under serious crimes investigations and 71 under anti-terror review. Interior Cabinet Secretary Kipchumba Murkomen stated that over 1,500 individuals were arrested during the protests, which he claimed targeted private businesses and government infrastructure, resulting in 42 deaths and nearly 600 injuries, including 496 law enforcement officers.</p>
<p dir="ltr">Havi's criticism of Koome is part of a broader pattern of tension between the former LSK president and the Chief Justice. In recent months, Havi has repeatedly called for Koome's resignation, citing her alleged tolerance of corruption within the judiciary and her failure to provide effective leadership. On January 13, 2025, he filed a petition with the Judicial Service Commission (JSC) seeking the removal of Koome and all six other Supreme Court judges, accusing them of gross misconduct. Havi's petition followed a 24-hour ultimatum issued on January 12, 2025, demanding Koome's resignation. He has also accused Koome of undermining the independence of the judiciary and aligning too closely with the executive branch, claims that date back to 2021 when he challenged her nomination as Chief Justice.</p>
<p dir="ltr">The judiciary has faced additional scrutiny over bail and bond decisions, particularly after the death of 24-year-old Julia Wangui Njoki, who allegedly endured torture in police custody after failing to raise a Sh50,000 bail. Havi and others have criticized magistrates for imposing unaffordable bail terms on unemployed and financially unstable youth, describing the charges as "trumped up." He called for a wrongful death suit against officers, magistrates, and judges involved in Njoki's case, which remains under investigation with an autopsy report pending.</p>
<p dir="ltr">Public sentiment, as reflected on social media platforms, aligns with Havi's critique. Posts on X have expressed frustration with the judiciary's handling of protest-related cases, with users accusing Koome and the JSC of failing to uphold constitutional rights. Some have described the use of terrorism charges as ironic, given the judiciary's role in protecting freedoms. The LSK, led by President Faith Odhiambo, has reiterated its call for judicial independence and urged magistrates to avoid being perceived as extensions of the executive.</p>
<p dir="ltr">The ongoing debate has intensified calls for accountability within Kenya's judicial system. Havi's direct appeal to President William Ruto on July 17, 2025, urged the release of detained protesters, emphasizing their youth and the moral and constitutional wrongs of their detention. He argued that the protesters were merely demanding accountability from the government and should not face severe charges. The judiciary, in response, has defended its processes, with spokesperson Paul Ndemo clarifying bail and bond procedures amid public outcry.</p>
<p dir="ltr">As the situation develops, the tension between Havi, Koome, and the broader judicial system underscores deeper concerns about the balance between national security and the protection of constitutional rights in Kenya. The outcome of ongoing investigations and potential legal challenges may shape public trust in the judiciary and its handling of dissent.</p>
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