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Charging demo suspects with terrorism unfair

Manyatta MP Gitonga Mukunji appears at the Kahawa law courts. [wilberforce Okwiri,Standard]

It is true that during recent protests, there were individuals whose primary motivation was to break the law. Most of them were credibly rumoured to have been sponsored by politicians. Others were “privateers” out to dabble in criminality. It is also true that the government must prosecute those who break the law. However, such action must be viewed to be fair and proportionate.

Unfortunately, the government has so far shown a willingness to prosecute the “privateers” but not the sponsored goons. Furthermore, in many cases, the government has abandoned proportionality. Many individuals have had terrorism charges thrown against them. This is a recipe for disaster, and should not be tolerated by the Judiciary. Proportionality and fairness are important parts of the rule of law. Lawfare, which is the only way thinking people should view the actions of the prosecution in many of these cases, ineluctably leads to a loss of legitimacy.

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