The Office of the Director of Public Prosecutions (ODPP) has defended the decision to charge some individuals with terrorism-related offences following recent anti-government protests, saying the violence witnessed was not spontaneous but premeditated.
In a statement issued Monday, the ODPP said preliminary investigations revealed that the attacks on public offices, police stations, courts, and government personnel were “calculated and coordinated acts of violence.”
“The incidents aimed to cripple essential government operations, instill fear, and erode public trust in democratic institutions,” read the statement.
Chief Justice Martha Koome, who toured the Kikuyu Law Courts after they were set ablaze during the protests, echoed similar sentiments during her June 26, 2025 address.
“This was not merely an act perpetrated by criminal elements but an act of terrorism,” she said.
ODPP cited Sections 2 and 4 of the Prevention of Terrorism Act, which define terrorism to include acts meant to cause serious disruption of essential services, intimidate the public or government, or create fear through targeted destruction.
The ODPP acknowledged growing public concern over the use of terrorism laws on protesters, but maintained that all charges were “strictly based on available evidence.”
However, the move has drawn strong criticism from legal experts and political leaders.
Former Law Society of Kenya (LSK) President Eric Theuri on Monday described the terrorism charges as “ridiculous” and without legal basis.
Speaking on NTV, Theuri condemned the arrest of activist Boniface Mwangi, who was picked up Saturday night by DCI officers at his home in Lukenya, Machakos County, for allegedly “facilitating terror” during the June 25 demonstrations.
“The use of terrorism charges is a gross misuse of the law and risks inflaming public anger rather than solving the real issues,” said Theuri.
Siaya Governor James Orengo also slammed the decision, saying it undermines fundamental freedoms and constitutional rights.
Later today, the government dropped the terrorism charges against Boniface Mwangi, who had earlier been accused of possessing ammunition. He was released on a Sh1 million bond.
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