Terrorism and Human Rights in Kenya

In Kenya, legal experts, human rights organizations, and civil society groups have raised concerns about the misuse of terrorism charges to target activists, political opponents, and citizens, thereby undermining the justice system. Critics argue that the Prevention of Terrorism Act (POTA) of 2012 and other security laws are sometimes used to suppress dissent rather than address real threats. They believe this undermines the criminal justice system and harms suspects. Legal and security experts, including former Law Society of Kenya (LSK) president Eric Theuri, point out that many terrorism charges lack sufficient evidence. This frequently leads to dismissals or withdrawals and undermines public confidence in the police, prosecutors, and the judiciary. Theuri emphasized that such charges are often politically motivated and damage the reputation of suspects, potentially leading to their inclusion on terror watch lists, even when cases are dropped due to weak evidence. He proposes a system of judicial review to filter out unfounded allegations early on and thus avoid stigmatization. Patrick Osoi, a security expert trained in counterterrorism, shares these concerns, arguing that some terrorism charges appear to be politically motivated to suppress dissent rather than address real threats. He calls on authorities to thoroughly investigate suspects' actions and intentions before bringing such serious charges. The Working Group on Police Reforms, a coalition of civil society organizations, criticizes the use of POTA to maintain public order, particularly in cases where over 100 protesters were charged with terrorism offenses, arson, and money laundering during the anti-government protests in June and July 2025. It warns that this practice threatens civil liberties and Kenya's credibility in the global fight against terrorism. The case of human rights activist Boniface Mwangi illustrates this problem. He was originally arrested for "aiding and abetting terrorist activities" during the June 25 protests, but the charge was downgraded to possession of ammunition after police found tear gas canisters and blank cartridges in his office—items protesters often collect as evidence of police brutality. Mwangi and others argue that these charges are being used to criminalize dissent, particularly among youth protesting against President William Ruto's government. The LSK also criticized Chief Justice Martha Koome for her comments linking the arson of the Kikuyu law courts to terrorism. She argued that her statement encouraged law enforcement agencies to misuse the POTA against protesters instead of pursuing appropriate charges under the Criminal Code or the Protection of Public Order Act. Koome later clarified that her comments referred specifically to this incident and did not constitute wholesale support for the terrorism charges. She emphasized that prosecutorial decisions must be based on evidence. The Office of the Director of Public Prosecutions (ODPP) defends the use of terrorism charges, arguing that they are supported by evidence and that the protests were "calculated and coordinated acts of violence." However, critics, including the Kenyan chapter of the International Commission of Jurists, argue that this approach constitutes a "comprehensive assault on Kenyan democracy" by allowing for arbitrary arrests and trumped-up charges against young protesters. Kenya's recourse to POTA in genuine counterterrorism cases, such as al-Shabaab attacks, is well known. However, its application to public order cases is increasingly being scrutinized. Experts argue that this abuse not only undermines the credibility of the justice system but also risks alienating communities and weakening international counterterrorism partnerships. In essence, experts point to a pattern in Kenya where legitimate efforts to combat terrorism are sometimes overshadowed by practices that undermine basic human rights, compromise fair trial standards, and ultimately weaken public confidence in the justice system. There are repeated calls for stronger oversight, accountability mechanisms and a commitment to upholding human rights, even in the face of security threats.