The Office of the Director of Public Prosecutions (ODPP) has addressed the growing public concern over the recent wave of terrorism-related charges filed against protesters.
In a detailed press statement released on July 21, the ODPP defended its actions, saying the charges were legally justified under the Prevention of Terrorism Act.
According to the statement, the ODPP recognized the heated national conversation sparked by legal actions that followed the protests on June 25 and July 7, 2025.
While acknowledging the critical role of free speech and an active civil society in a democracy, the ODPP urged the public to better understand the legal provisions under which these actions were taken, rather than view them as a move to silence political dissent.
The ODPP insisted that the individuals charged had not merely taken part in ordinary demonstrations. Instead, they were accused of carrying out serious acts of violence that spread fear and threatened to disrupt government functions.
These included attacks on courts, police stations, government offices, and public officers, which the ODPP described as carefully coordinated rather than spontaneous expressions of protest.
“These incidents were designed to paralyze key government operations, create public fear, and erode faith in our democratic institutions,” the ODPP stated.
To support its position, the ODPP referred to comments made by Chief Justice Martha Koome on June 26, after she inspected damage at the Kikuyu Law Courts. Koome condemned the destruction, describing it not as random criminal activity, but as an act of terrorism.
Quoting directly from the Prevention of Terrorism Act, particularly Sections 2 and 4, the ODPP explained that terrorism includes any actions meant to disrupt essential services, intimidate the public or government, or cause widespread fear through targeted destruction.
The ODPP also acknowledged the public’s concerns regarding the possibility of misuse of anti-terrorism laws. However, it assured Kenyans that every decision to press terrorism charges was based strictly on solid evidence gathered during investigations.
It further promised that every accused person would enjoy fair trial rights, including legal representation and full access to due process, as outlined in the Constitution’s Bill of Rights.
Since the June 25 protests, dozens of Kenyans have been arraigned on terrorism charges. The first major case involved 37 suspects accused of burning down the Kikuyu Law Courts and destroying other government facilities.
A few days later, eight more individuals faced similar charges after allegedly setting fire to buildings at the Mawego Police Station. This is the same station where Albert Ojwang, a teacher who later died in custody, was held before being transferred to Central Police Station in Nairobi.
More controversy erupted when well-known activist Boniface Mwangi was arrested on Saturday. The Directorate of Criminal Investigations (DCI) hinted that Mwangi would also face terrorism-related charges, causing a fresh wave of public outrage.
However, when brought before the court, he was instead charged with two counts of possession of ammunition and later released on a personal bond of Ksh1 million.
In its final remarks, the ODPP reaffirmed that while it values public input and criticism, its actions are firmly rooted in law and evidence—not politics.
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