ODPP defends use of terrorism charges against protesters amid public outcry
According to the ODPP, the decision to press terrorism-related charges stems from the nature and intent of recent violent acts targeting state infrastructure and personnel during the protests.
The Office of the Director of Public Prosecutions (ODPP) has defended its decision to charge numerous Kenyans linked to recent anti-government protests
Facing mounting criticism from civil society and human rights groups, the ODPP has defended its decision to charge protesters with terrorism-related offences.
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In a statement posted on X on Monday, the ODPP maintained that the charges—brought under Kenya’s Prevention of Terrorism Act (POTA)—are legally justified and not intended to suppress political dissent.
"The charges under the Prevention of Terrorism Act should be understood within the framework of established legal thresholds and national security imperatives rather than interpreted as efforts to suppress legitimate political expression," the statement, seen by The Eastleigh Voice, reads in part.
According to the ODPP, the decision to press terrorism-related charges stems from the nature and intent of recent violent acts targeting state infrastructure and personnel during the protests.
"Preliminary investigations indicate that attacks on public offices, courts, police stations and government personnel were not spontaneous demonstrations but calculated and coordinated acts of violence," said the ODPP.
"These incidents aimed to cripple essential government operations, instil fear and erode public trust in democratic institutions."
To push its point across, the ODPP referenced a recent remark by Chief Justice Martha Koome, who, after inspecting fire damage at Kikuyu Law Courts on June 26, described the arson attack as "not merely an act perpetrated by criminal elements but an act of terrorism."
"Under sections 2 and 4 of the Prevention of Terrorism Act, such actions qualify as acts of terrorism when intended to cause serious disruption of essential services, intimidate the public or government or create widespread fear through targeted intimidation," said the ODPP.
"The ODPP is aware of public concerns regarding political misuse of terrorism legislation. We wish to reassure the public that all charges have been brought strictly based on available evidence. 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."
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