Police bosses, DPP sued over Saba Saba protest arrests
The petitioners want the High Court to declare their prosecution unconstitutional arguing that the state is misusing anti-terrorism laws to target government critics.
Police Inspector General Douglas Kanja, Director of Criminal Investigations (DCI) Mohammed Amin and Director of Public Prosecutions (DPP) Renson Ingonga have been sued over unlawful and politically motivated arrests during the Saba Saba protests.
The petitioners, Manyatta Member of Parliament Gitonga Mukunji, journalist James Ikuwa Mbochi and boda boda rider Stanley Mbuthia Wanjiru, want the High Court to declare their prosecution unconstitutional, arguing the state is abusing the Prevention of Terrorism Act to suppress dissent and target government critics.
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MP Mukunji alleges his arrest on July 7, 2025, was politically driven, saying that the use of anti-terror charges was aimed at punishing him for criticising the government and supporting the Gen-Z protests.
The petition details how Mukunji was arrested by over 40 police officers along the Thika Superhighway at Toll area in Juja Sub-County, while travelling to Nairobi with Mbochi, who was covering the Saba Saba demonstrations.
“That as they were driving, they were arrested along the said Thika Superhighway at Toll area within Juja Sub-County by a contingent of approximately 40 Police Officers in several vehicles who then took them to Kibii Police Station within Juja Sub-County,” reads the petition.
It adds that boda boda rider Mbuthia was arrested after following the police convoy to the station out of concern for the MP’s safety.
“That the 3rd Petitioner witnessed the said dramatic arrest and out of concern, followed the said contingent to the said police station on his motorcycle, and the said police officers noticed him trailing them and arrested him,” reads the document.
The three were later taken to Kahawa Law Courts, where the state requested to detain them for 14 days under investigation for “Collection and Provision of property for commission of terrorist acts.” The court, however, declined the application and granted them bail.
At the centre of the case is what the petitioners describe as the state’s abuse of prosecutorial power.
“That the Petitioners herein are alive to this emerging and alarming trend where persons arrested in relation to the Constitutionally allowed activity of protesting are now charged with crimes under the Prevention of Terrorism Act,” reads the petition.
“That this abuse of the specialised act, like the Prevention of Terrorism Act, has attracted the ire of Kenyans and brought alive a similar use of the Public Order Act during the second liberation struggle to curb political dissent and silence government critics.”
The petitioners want the High Court to issue orders prohibiting the state from pursuing terrorism-related charges against them, declare their arrest and prosecution unconstitutional, and compel authorities to release their confiscated digital devices unconditionally.
They are also demanding compensation for malicious prosecution, emotional distress and violation of their constitutional rights.
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