Former Chief Justice David Maraga has strongly criticized the government’s move to charge young protesters with terrorism, saying it is a deliberate strategy aimed at intimidating and controlling the youth.
Speaking on Wednesday, July 16, Maraga explained that the seriousness of terrorism charges ensures that the accused are unlikely to be granted bail, which results in them being held in custody for long periods—sometimes even for years—before their cases are concluded.
He further argued that by the time these cases end, the courts may not have enough evidence to convict the suspects, but the individuals would have already suffered significantly during their extended detention. This, he said, is part of a wider plan to instill fear and suppress the youth’s voices.
Maraga pointed out that most of those being charged are very young, with many being under the age of 25. He expressed disbelief at how 18-year-olds could face such heavy charges for acts that, when examined closely, do not seem to meet the threshold of terrorism.
“Most of these young people are under 25 years old. Some are only 18 and are being charged with terrorism. But when you look at the facts, there is no act that clearly qualifies as terrorism.
This is just a strategy to frighten the youth and their families and to control them. But this cannot and should not be accepted,” Maraga stated.
He went on to say, “Terrorism is a very serious charge. The real reason for using it against these young people is to deny them bond and to keep them in police cells, where they will be mentally and emotionally tortured. It’s a method of punishment before trial, without any conviction.”
Maraga’s remarks came shortly after eight more young protesters were charged with terrorism at the Kahawa Law Courts.
These individuals were arrested on suspicion of setting fire to Mawego Police Station in Homa Bay County. The act was allegedly committed during demonstrations sparked by the death of Albert Ojwang.
Initially, they had been detained under a custodial order from the Oyugis Law Court. However, after the closure of that application, they were re-arrested on July 14, 2025, and taken to the Anti-Terrorism Police Unit (ATPU) headquarters in Nairobi for further investigation and processing.
This group adds to a growing list of young people who have faced terrorism charges following the anti-government protests that began in June. Authorities claim that some of the actions taken during these protests amount to terrorism.
Just a week earlier, 37 more protesters were also charged with terrorism at the same court. The charges stemmed from violent demonstrations that caused extensive damage to government offices in Kikuyu, including the Kikuyu Probation Office, Kikuyu Law Courts, Sub-County Offices, Chief’s Office, Registrar of Persons Office, Sub-County Education Office, Accountant’s Office, Lands Office, Dagoretti Police Post, and the Kikuyu Deputy County Commissioner’s Office.
Among those charged in that case were two well-known political figures who are considered close allies of Deputy President Rigathi Gachagua—Peter Kinyanjui Wanjiru, also known as Kawanjiru, and Serah Wanjiku Thiga.
Maraga’s criticism adds to growing concerns from human rights groups and legal experts who argue that the use of terrorism laws against peaceful protesters is unconstitutional, abusive, and dangerous for the future of democracy in Kenya.
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