Kenya's DPP Defends Use of Anti-Terror Laws Against Protesters

Strategic Insights -

Kenya's Director of Public Prosecutions (DPP) has defended the use of the Prevention of Terrorism Act (POTA) against several anti-government protesters, insisting the charges are grounded in law and national security considerations. The move has sparked a backlash from civil society and opposition leaders, who view the charges as a dangerous overreach and a blatant attempt to stifle dissent. The controversy has heightened following the arrest of renowned activist Boniface Mwangi on terrorism and money laundering allegations, which was later dropped in favor of lesser offenses under the Firearms Act.

Key Takeaways:

  • The Director of Public Prosecutions (DPP) has defended the use of the Prevention of Terrorism Act (POTA) against several anti-government protesters, citing national security considerations and established legal thresholds.
  • The charges under POTA were brought after the destruction of courts, police stations, and attacks on government personnel, which met the legal threshold for terrorism under Sections 2 and 4 of POTA.
  • The move has sparked a backlash from civil society and opposition leaders, who view the charges as a dangerous overreach and a blatant attempt to stifle dissent.
  • A coalition of more than 20 human rights and legal organizations has condemned the government's "weaponization" of anti-terror laws, warning that such practices undermine the criminal justice system and risk damaging Kenya's international standing in counterterrorism cooperation.
  • Notable figures including Siaya Governor James Orengo and former Chief Justice David Maraga have also criticized the use of POTA against protesters, labeling the charges "ridiculous" and a "violation of Kenyans' freedom of assembly and expression."
  • The DPP has assured the public that all prosecutions will adhere strictly to the rule of law and due process, and that each accused individual will be accorded a fair trial, legal representation, and full access to due process in line with the Bill of Rights under the Constitution of Kenya.
  • Nearly 1,500 people have been arrested in connection with the violence and destruction reported during the protests, with several suspects facing serious charges including terrorism, murder, robbery with violence, arson, sexual assault, and malicious damage to property.
  • 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.

Statistics:

  • 1,500 people have been arrested in connection with the violence and destruction reported during the protests.
  • 4,000 losses have been reported in private businesses and government infrastructure across multiple counties.
  • 4 lives were claimed during the unrest.
  • 496 law enforcement officers were injured.

Sources:

  • The Office of the Director of Public Prosecutions (ODPP)
  • Police Reforms Working Group (PRWG)
  • The Director of Public Prosecutions (DPP)
  • Siaya Governor James Orengo
  • Former Chief Justice David Maraga
  • Interior Cabinet Secretary Kipchumba Murkomen
  • Capital FM (2025)
  • AllAfrica Global Media (allAfrica.com)