LSK President Faith Odhiambo tears into Murkomen for misusing terror charges to silence dissent

The Law Society of Kenya (LSK) President Faith Odhiambo has rejected claims by Interior Cabinet Secretary Kipchumba Murkomen that she is siding with terrorists, insisting that it is the Judiciary—not politicians—that has the authority to determine guilt.

Last week, Murkomen accused the LSK of “siding with suspected criminals” and undermining government efforts to curb violence during recent anti-government protests.

Responding to his remarks, Odhiambo warned that branding individuals as terrorists without trial poses a serious threat to Kenya’s democratic principles.

“First of all, it’s not Murkomen to determine if someone is a terrorist or not. It’s the law. It’s the judiciary to determine and make that verdict,” she said during an interview with Citizen TV on Tuesday.

“Our Constitution under Article 50 provides that you are innocent until proven guilty. Further, Article 49 provides that you have the right to legal counsel.”

She stressed that the LSK rejects Murkomen’s remarks and will not be intimidated for standing up for the rights of those arrested during the protests.

Challenging status quo

Odhiambo also pointed to Kenya’s political history, reminding the public that many of today’s leaders were once labelled criminals for challenging the status quo.

“We’ve seen leaders who are now sitting in oval offices being termed as treasonists, terrorists, and murderers, simply because they had a dissenting voice. Merely calling someone a thief doesn’t make them one; it is the court that must decide,” she said.

Odhiambo emphasised that while the LSK had condemned acts of property destruction during the Gen Z-led protests, the right to peaceful assembly remains constitutionally protected under Article 37.

Selective use

She questioned the government’s selective use of anti-terror laws, suggesting the aim may be to suppress dissent rather than uphold justice.

“The Law Society has never supported criminality. But the issue here is: are these terrorism charges meant to deliver justice, or are they simply a tool to deny bail and hold protesters in custody longer?” she posed.

She noted the contradiction in the government’s position, pointing out that individuals accused of terrorism have been released on relatively low bail amounts.

“You can’t on one hand say you’re encouraging investor confidence in the country, while on the other you claim terrorists are freely roaming the streets. That’s contradictory,” Odhiambo said.

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The LSK President further criticised the use of the Prevention of Terrorism Act against youthful protesters, arguing that it is being misused to stifle legitimate dissent.

“In the past, especially during protests organised by the opposition, we witnessed greater destruction of property, yet terrorism laws were never applied. Why now?” she posed.

“It’s a dangerous clawback on our democracy.”

Fragile democracy

She warned that if the misuse of terrorism laws continues, any form of dissent could be criminalised in the future, including by those currently in government if political tides turn.

“Tomorrow, those who are in power now could be in opposition, and under the same misuse of law, they too would be labelled as terrorists. That is how fragile democracy can become if we allow this kind of abuse,” she warned.

Odhiambo also raised concerns about the lasting impact of terrorism charges on young people, noting that even without a conviction, the stigma can permanently damage lives.

“If people have committed crimes, destroying property, looting, or arson, then let them be charged accordingly under the proper provisions of law. It should not be about cherry-picking the harshest law to keep them in custody,” she said.

She questioned the lack of accountability for security officers allegedly seen cooperating with violent elements during the protests.

“We have seen protesters arrested, some for genuine offences. But how many police officers have been arrested for walking alongside armed goons?” she posed.

“We are all equal before the law. Justice must be consistent.”

Odhiambo concluded by reaffirming the LSK’s position that any legal proceedings must respect the Constitution and uphold the rights of all citizens, regardless of their political beliefs or age.