MP, journalist sue police chiefs over charges

Director of Public Prosecutions (DPP) Renson Igonga addresses members of the press on injuries and deaths during protests and cases highlighted on police brutality. IPOA has been told to hold people accountable for deaths and injuries. ODPP House, Upperhill Nairobi, on July 23, 2024. [Robert Tomno/Standard] Manyatta MP John Mukunji, journalist James Mbochi, and Democracy for the Citizens Party (DCP) youth leader James Wanjiru want the terror charges dropped. They have sued Director of Public Prosecutions (DPP), Inspector General of Police (IG) and Directorate of Criminal Investigations (DCI). In the case filed yesterday before High Court Judge Bahati Mwamuye Mukunji, Mbochi and Wanjiru accused DPP Renson Ingonga, IG Douglas Kanja and DCI boss Mohammed Amin of abuse of Prevention of Terrorism Act (POTA), 2012 and illegal use of the criminal justice system to silence those against government. Their lawyer, Patrick Kung'u, argued that Mkunji, Mbochi, who are working for the Royal Media Services (RMS) and Wanjiru were illegally detained and presented before the Kawaha Law Courts with trumped-up charges. According to him, the arrests and presentation to Kahawa are a deliberate misapplication of POTA. He stated that the particulars of the charges have no connection to terrorism. "This sudden weaponisation of a specialised Act of Parliament to charge protesters or persons perceived to be anti-government has sparked nationwide anger against the misuse of the said specialised Act that is meant to charge actual terrorists," argued Kung'u. According to Kung'u, the DPP, IG, and the DCI had violated his clients' rights to liberty, dignity, expression, and a fair trial. He asserted that the trio have misused anti-terror legislation against protesters, politicians, and journalists. He regretted that terrorism is a scourge that has haunted Kenya, with the 1998 Bombing of the US Embassy, orchestrated by the Al Qaeda terrorist organisation, being the most significant single terrorist attack. He also cited the 2002 Kikambala bombing, Westgate Mall Attack, the Garissa University College attack and the Dusit Hotel attack, among others, which left hundreds of innocent Kenyans dead and scores injured. "The said attacks left a stain on our collective national memory such that if the word terrorism is mentioned, those attacks come to mind," said Kung'u. He argued that POTA was enacted to deal with terrorist attacks in mind and not to clamp down on political dissents. The lawyer further said that the issue of misuse arose during the debate, adding that the Suppression of Terrorism Bill, 2003, and Anti-Terrorism Bill 2006 never made it to enactment over the fears of abuse. According to Kung'u, the 2012 law was passed with assurance from former Internal Security Minister Katoo Ole Metito that although it had similarities with the 2003 and 2006 laws, judicial oversight would prevent abuses. He argued that the Kenya Kwanza government is now illegally applying POTA, similar to the use of Preservation of Public Security Act and Penal Code by previous governments to silence dissent. Kung'u said that among those who suffered in the run-up to the second liberation was Kenya's first Chief Justice under the 2010 Constitution, Willy Mutunga. "Weaponisation of the Prevention of Terrorism Act 2012 for purposes other than charging persons suspected of engaging in actual terrorism is a spit on the graves of those who died from actual terrorist attacks, and an insult to the thousands of survivors," said Kung'u. He said that the June 25, 202,5, protests and July 202,525 protests were organised; hence, they are exempted by Section 2 of POTA, adding that the application of anti-terrorism law was motivated by political conspiracies despite the same carrying serious ramifications on young men and women who were charged. In his supporting affidavit, Mukunji said that despite clinching the parliamentary seat under United Democratic Alliance (UDA), he does not shy away from criticising the government whenever it goes astray. He claimed that when he was arrested, he was detained at Kibii Police Station, but the officers denied that he was there when his siblings, friends and lawyers asked about his whereabouts. Mukunji argued that the terror charges have ruined his reputation as people perceive that he has joined Al-Shabaab. "I have already received questions from my constituents who are asking why I joined Al Shabab, which is a designated terrorist organisation based in neighbouring Somalia and which has rained terror on Kenya," claimed Mukunji. He is seeking to have the charges quashed and the government forced to compensate those who have been charged with POTA. "I believe that my arrest and intended charging is politically motivated as I first heard of a plot to have me arrested from the second Deputy President of Kenya Hon. Rigathi Gachagua who on July 5, 2025 at a function in Nyeri while cautioning me and other elected leaders allied to him, revealed that he had received credible information of my planned arrest," the MP said.

MP, journalist sue police chiefs over charges

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