LSK Faults CJ Koome Over Remarks Linking Court Arson To Terrorism

The Law Society of Kenya (LSK) has faulted Chief Justice Martha Koome for her remarks made after the burning of Kikuyu Law Courts, accusing her of contributing to the misuse of the Prevention of Terrorism Act (POTA) against protesters and activists.

Speaking during a visit to the damaged courts a day after the June 25 protests, Chief Justice Koome had condemned the arson attack, calling it an act of terrorism. “The extent of this damage is not just an act of criminal elements but an act of terrorism,” she said.

However, the LSK now says that statement may have influenced law enforcement agencies to bring terrorism charges against civilians, rather than using appropriate laws such as the Penal Code or the Public Order Act.

“Her Ladyship the Chief Justice made a sensational remark that the burning down of the court was an act of terrorism. While we joined the Judiciary in condemning the burning and vandalism of courts, we must recognize the responsibility borne by the justice sector in how we call for law and order,” LSK President Faith Odhiambo said in a press statement.

“Our law enforcement institutions appear to have taken cue from the Chief Justice and are flagrantly abusing the provisions of the POTA, whose threshold is distinct and intended for exceptional circumstances,” she added.

LSK has also condemned the use of POTA to prosecute young protesters and activist Boniface Mwangi. Mwangi had initially been charged with terrorism-related offenses, but his charge sheet was later amended to illegal possession of ammunition.

In a statement on Monday, the Office of the Director of Public Prosecutions (ODPP) defended the use of terrorism charges, insisting they were supported by evidence and citing Chief Justice Koome’s earlier comments to justify the move.

But LSK has warned against equating political dissent with terrorism. “Political dissent is not an act of terrorism. Therefore, we call upon the Director of Public Prosecution to retain its constitutional independence in making the decision to charge,” said Odhiambo.

She called for the immediate review of all charges filed under the POTA in relation to the protests. “Any legitimate claims of unlawful conduct should be prosecuted through real, proportionate charges informed by the law and evidence,” she said.

LSK has also raised alarm over the state of the rule of law, saying it is in crisis and requires urgent attention from both the government and opposition.

The lawyers’ body called for reforms within the police service and urged protesters to ensure that demonstrations remain peaceful. They also cautioned politicians against funding or coordinating violence and demanded the arrest and prosecution of any militia involved in the chaos.