Why State has resorted to terrorism charges

The Kenya Kwanza administration has resorted to charging protesters with terrorism, all in a bid to keep its opposition at bay.

What began as the labelling of protesters marching as acts of terror, has now been actualised through several charge sheets approved by the Director of Public Prosecutions (DPP) Renson Ingonga.

At the Kahawa Law Courts, 38 people have so been charged, including former Deputy President Rigathi Gachagua’s ally, Manyatta MP Gitonga Mukunji, journalist James Ikuwa and bodaboda rider Stanley Mbuthia.

Out of the 38, 25 people are accused of attacking the Kikuyu Law Courts, probation, sub-county offices and the chief’s office.

Other offices attacked are those of the Registrar of Persons, Sub-County Education, Sub-County Accountant’s, Registrar of Lands and the Deputy County Commissioners’ as well as the Dagoretti Police Post.

Some 10 more suspects were charged with damaging the Matuu Police Station, vehicles and assaulting an officer on duty.

These activities come on the back of Interior Cabinet Secretary Kipchumba Murkomen and Chief Justice Martha Koome declaring the June 25, 2025 demonstrations targeting government installations acts of terrorism.

CJ Koome said the peaceful demonstrations had been hijacked by people who targeted court infrastructure and “these attacks are an affront to the Constitution and the rule of law.”

Lawyer Mbugua Mureithi questions how the CJ concluded that the attack was an act of terrorism yet it took place barely 24 hours before.

“What informed her [Koome] that those were acts of terrorism,” he posed.

On the same day, CS Murkomen directed police to shoot and kill any protester who attacks them or a police station saying that the police had restrained themselves despite provocation.

He dismissed the demonstrations saying that they were not genuine and that they were moves taken by unnamed people to overthrow the government.

“It was terrorism disguised as dissent. There were no peaceful demonstrations, it was riots, chaos and anarchy,” said Murkomen.

While issuing the shoot to kill order, Murkomen said that he would defend any police officer arrested as a result adding that he would go ahead and get them legal services.

“You should only run when you see that with whatever [bullets] you have left, even if you were to kill five or six [protesters], are still many,” he said amid jeers from residents who had gathered at the Dagoretti Police Station.

Murkomen said that the Director of Criminal Investigations Mohamed Amin had opened a probe into the activities and soon there would be arrests.

Punching above its weight

Mureithi says the State is punching above its weight by preferring terror charges and should prove in court the motive behind their acts and what terror groups they owe allegiance to.

He says the recent activities by the President William Ruto administration to fight dissenting voices are distinguishing characteristics of a dictator.

“They are using the wrong law to fight dissent and institutions that are not fit to fight dissent.”

Mureithi adds that Dr Ruto knows what ought to be done in a democratic state but has chosen not to follow the rule of law.

Eric Muriuki, also a lawyer, says that the State is following a dangerous route by charging perceived government opposers with laws meant to protect the nation against radicalised and hardened terrorist elements.

“Terrorism laws are not to be invoked lightly because several rights are suspended under those laws. Using them to silence political opposition is contrary to the Constitution.”

Muriuki adds that the excessive response by the State is a scare tactic targeted at human rights defenders, activists and other people who dare speak against Kenya Kwanza.

“We hope that the Judiciary will not be cowed by the State into turning a blind eye when the rights of Kenyans are violated or suspended illegally.”

Mbugua criticised DPP Ingonga over his move to approve the charges, saying that he is not acting independently. “Things are not happening as they are supposed to happen,” Mbugua said.

Political Analyst Arnold Maliba says the terror charges against protesters are the new treason charges used in the past and, due to the gravity, the administration can take extra-judicial measures against those charged. “This avails room for governments to weaponise anti-terrorism policy,” he says, adding that it is an outright misuse of laws designed to combat terrorism for purposes other than genuine counter-terrorism efforts and end up suppressing dissent, target political opponents and restrict fundamental freedoms.

Maliba argues that due to the fluid nature of terrorism, Kenya Kwanza is taking advantage of the laws to serve interests instead of combating terrorism.