DPP, DCI eat humble pie after terrorism charges against Mwangi collapses

Activist Boniface Mwangi finally produced before Kahawa Law Courts. [Benard Orwongo, Standard] In a disgraceful and revealing climbdown that has utterly laid bare the abuse of Kenya's anti-terror laws, the State has dropped terrorism charges against activist Boniface Mwangi, charges many Kenyans saw as both absurd and politically motivated. Instead, in a move that reeks of face-saving desperation, the Office of the Director of Public Prosecutions (ODPP), under Renson Ingonga, has opted to charge Mwangi with unlawful possession of ammunition under the Firearms Act, releasing him on a personal bond of Sh1 million. The dramatic U-turn comes amid growing public outrage and accusations of State overreach that has exposed a State in fear of its own citizens and seemingly hell-bent on punishing its critics by all means even if it means weaponising the same laws meant to protect the public. Donned in a white hoodie labelled "Team Courage," a defiant Mwangi yesterday shouted from confinement: "This is a government of goons. We shall jail them all in due time. You cannot kill everyone." But even without flinching, moments after the public disgrace, the ODPP went ahead and immediately issued a statement. "Charges under the Prevention of Terrorism Act should be understood within the framework of established legal thresholds... The attacks on public offices, courts, police stations, and government personnel were not spontaneous demonstrations, but calculated and coordinated acts of violence." Grasping at straws In solidarity and in one accord, activists and several Kenyans wearing national flags packed the Kahawa Law Courts to the brim, one of Kenya's two designated counter-terrorism magistrate courts to witness the case. The new charge, the ODPP maintains, stems from protests held last month in which scores of people were killed. Critics argue the State is simply grasping at straws to save face after international and domestic condemnation that threaten to sully Kenya's human rights records. "The misuse of anti-terror laws to target activists is not only unlawful but dangerous," stated activist and Busia Senator Okiya Omtatah after Mwangi's release from custody. "This must stop. Parliament did not enact those statutes to be used as weapons against citizens seeking accountability,"he added. Curiously, Mwangi's arrest came a few days after he and Ugandan activist Agather Atuhaire filed a petition at the East African Court of Justice, seeking redress over what they claim was unlawful abduction, torture, and deportation by Tanzanian authorities in May 2025 while monitoring the treason trial of opposition figure Tundu Lissu. Today, under Kenyan law, the threshold for charging someone with terrorism is exceptionally high and rightly so according to some legal experts. Experts warn that this law is designed to deter and punish acts that genuinely threaten national security, not to silence dissent or punish street-level demonstrators. Director of Public Prosecutions Renson Ingonga with Director of Criminal Investigations Mohamed Amin. [Standard] According to Section 2 of the Prevention of Terrorism Act, 2012, the law explicitly provides that an act is considered terrorism if it carries these elements: "If an act is intended to cause death or serious cause bodily harm, if it endangers life, or causes serious damage to property." Additionally, beyond doubt, it must also be proven that such an act is "carried out with the aim of advancing a political, religious, or ideological cause." Activist and lawyer Hussein Khalid of Vocal Africa sees a laughable and unfortunate scheme that was only meant to intimidate activism in Kenya. "They had nothing, nothing at all. Their goal was to intimidate and indignify Boniface. This is a government desperate to silence critics. Boniface is not a terrorist!" he said. Mwangi was arrested on July 19 by detectives from the DCI at his residence in Lukenya, Machakos. The officers, who also stormed his Mageuzi Hub office located on Rose Avenue in Nairobi's Hurlingham, claimed he was linked to the facilitation of terrorist activities during the June 25 anti-government protests, meant to honour those killed in last year's skirmishes. Teargas canisters In what they announced to the world, investigators reportedly recovered a number of items, including two unused tear gas canisters, one 7.62mm blank round, nine external hard drives, two laptops, and multiple documents, company seals, stamp duty documents, cheque books, and other office paraphernalia. Siaya Governor and lawyer James Orengo has observed: "It's ridiculous to charge Boniface and our children, who have demonstrated a high level of political consciousness, with terrorism. Protected speech and political action should never be criminalized." In a country still reeling from perceived State-sanctioned killings and broad daylight abductions, the raging debate has angered ordinary Kenyans. "According to this regime, a Westgate attacker and Boniface are the same. They are both terrorists," wrote Levi Munyeri on X. Dictatorship handbook Musician and social activist Henry Ohanga, popularly known as Octopizzo, wondered: "Labeling activists as terrorists is the oldest trick in the dictatorship handbook. But we are not stupid. We see through the smoke." Mohammed Hersi, a hotelier and former chairperson of the Kenya Tourism Federation, did not mince his words: "Boniface is not a terrorist, unless the word acquired a new meaning. He is a strong advocate for domestic travel and environmental issues." City lawyer Julius Miiri, on his part sees an ulterior motive in the scheme of things: "The State is trying to use terrorism charges against dissenters to curtail rights. They are just selling fear and they know it. For you to prove that charge, the standard of proof is very high. You cannot slap it on an ordinary activist or protestor and defend it in court," stated Miiri. Increasingly, DPP Ingonga who many now view as an extension of the State's political machinery has come under fire for what is seen as aiding the weaponisation of the criminal justice system. The Law Society of Kenya (LSK) has stated plans to file a case in the High Court to stop all charges relating to the destruction of property slapped on protestors and now hinged on terrorism. LSK President Faith Odhiambo says the charges are framed to ensure those arrested remain behind bars for the longest time possible by denying them bail or imposing unreasonable bail terms. "It is quite unfortunate that some courts are being forum-shopped for purposes of giving very high bail and bond terms. Some of the charges being brought to court are just to ensure that the terms are kept sky-high to seemingly punish dissent," stated Odhiambo. Lawyer Edward Muriu sees a warped scheme that could easily backfire on the nation. "When you charge people with terrorism, you are simply sending a message to the whole world that Kenya is a country of terrorists. Investors will shy away, and even tourists will stay away. It's just counterproductive, to say the least," said Muriu. LSK Deputy President Mwaura Kabata avers that terrorism is a crime recognised internationally, though there is no universally agreed definition of what it exactly is.Locally, he said, terrorism is a specialized crime that is codified in a separate law. Held and tortured "All the other offences those related to activities such as insurgency, protests, or violent upheavals are captured in the Penal Code," he says. For example, Mwaura said, if one burns a police station, and is arrested, one should be charged with destruction of government property under Section 339 of the Penal Code. He adds that the State has the option of charging one with arson, which is a felony offense defined in Section 332 of the Penal Code. Lawyer Gitobu Imanyara on the other hand said that the DPP's move is not new. Imanyara was arrested, jailed for five years at Kamiti Prison without a fine, kept in block E at Kamiti Maximum Prison which then housed insane prisoners, and subsequently tortured after his release on or about July 4, 1990, at Nyayo House for deciding to represent the Air Force personnel who had been accused of plotting the 1982 coup. Judiciary Chief Registrar, Wilfridah Mokaya, claimed that there is a growing wave of personal attacks against judicial officers over bail and bond rulings. According to her, the amount handed by the magistrates were guided by the law and legal frameworks put in place for the same. "Bail and bond rulings are guided by legal frameworks, including the Constitution, the Criminal Procedure Code, and the Judiciary's Bail and Bond Policy Guidelines," she said. Former Chief Justice David Maraga has accused the government of "weaponising the criminal justice system to terrorise arrested youth and their families."

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