ODPP defends terrorism charges targeting protesters, activists

Director of Public Prosecutions Renson Ingonga. [File, Standard]

The Office of the Director of Public Prosecution (ODPP) has defended itself against growing criticism from Kenyans accusing the agency of pressing terrorism charges to punish protesters and activists with an aim to stifle political dissent.

In a statement, the ODPP insisted that it invoked the Prevention of Terrorism Act after investigations revealed that the reported attacks on government installations during June 25 and Saba Saba protests were planned.

“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,” reads part of the statement.

It added: “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 destruction.”

The prosecutors came under sharp criticism especially after the state  dropped terrorism charges against activist Boniface Mwangi despite the claims forming the basis of his arrest and detention since Saturday, July 19.

Government critics have alleged weaponisation of the criminal justice system.

“The reckless abuse of anti-terror laws will, over time, delegitimise national security frameworks and make Kenya appear like a fragile, paranoid state overwhelmed by its own citizens. We don’t need a DPP who plays politics with the word ‘terrorist’,” said lawyer Willis Otieno.

According to the ODPP, the widespread vandalism, looting, and lawless acts witnessed during the latest protests were styled to sabotage the government and erode trust in its institutions.

Further, the office has maintained that all the cases currently in court are backed by evidence adding that culprits will be granted fair trial.

“The ODPP is aware of public concerns regarding potential misuse of terrorism legislation. We wish to reassure the public that all charges have been brought strictly based on available evidence,” said the ODPP.

Several young protesters  have been charged in various courts countrywide with terrorism leaving some in detention after failing to comply with hefty bail and bond terms issued by judges and magistrates.