The Office of the Director of Public Prosecutions (ODPP) has responded to concerns over the recent wave of terrorism-related charges following protests on June 25 and July 7.
In a statement on Monday, July 21, the ODPP addressed claims that the state is using anti-terror laws to clamp down on political dissent.
The office defended the legal basis for the charges, stating that investigations had uncovered evidence of attacks targeting key government institutions.
"The ODPP upholds the vital role of a free press and a vibrant civil society in fostering accountability and strengthening democratic governance.
"However, the charges under the Prevention of Terrorism Act should be understood within the framework of established legal thresholds and national security imperatives rather than interpreted as efforts to suppress legitimate political expression," the statement read.
Read More
The ODPP noted that the violent incidents during the protests went beyond what can be described as civil disobedience or spontaneous unrest.
"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.
"These incidents aimed to cripple essential government operations, instil fear, and erode public trust in democratic institutions," the statement continued.
The ODPP pointed out the torching of the Kikuyu Law Courts which saw Chief Justice Martha Koome term the incident an act of terrorism.
"Chief Justice Hon. Justice Martha Koome, speaking on 26th June 2025 after inspecting the damage at the Kikuyu Law Courts, which was torched during the demonstrations, described that incident as 'not merely an act perpetrated by criminal elements but an act of terrorism'," the statement added.
The ODPP went ahead to highlight sections of the law that characterize acts that disrupt public services or spread fear as terrorism.
"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 statement further read.
The ODPP acknowledged concerns from the public, and assured that due process would be strictly followed.
"The ODPP is aware of public concerns regarding the potential misuse of terrorism legislation. We wish to reassure the public that all charges have been brought strictly based on available evidence. Each accused individual will be accorded a fair trial, legal representation, and full access to due process in line with the Bill of Rights under the Constitution of Kenya," the statement concluded.
