The Kenya Kwanza government’s decision to charge individuals involved in recent protests with terrorism has sparked a wave of backlash from a section of Kenyans. Critics argue that the move lacks a solid legal foundation and could potentially deter citizens from reporting genuine terrorism threats in the future.

Former Law Society of Kenya (LSK) President, Eric Theuri, expressed his disbelief over the charges, calling them “completely ridiculous” and without legal basis.

“To charge Boniface Mwangi or any of these people with acts of terrorism is completely ridiculous. It has no legal basis,” Theuri said. “You may want to use how terrorism is defined to show that some of those things happen, but it’s much more than that,” he added, criticizing the government’s approach.

Theuri further argued that the government was misapplying counterterrorism laws to suppress civil dissent, warning that such actions could have long-term negative consequences on the country’s democratic fabric.

The former LSK president’s comments were echoed by Dr. Oduor Ong’wen, a former political detainee, who highlighted the potential dangers of selectively applying the law.

“When we use our laws selectively in an attempt to deal with a manifestation of a social problem, we do not cure the problem. What we are doing is that we are creating an even bigger problem,” Dr. Ong’wen said.

This comes after activist Boniface Mwangi spent the weekend in police custody awaiting his arraignment today at the Kahawa Law Courts on charges of terrorism. Mwangi is currently being held at Nairobi’s Pangani Police Station.

“I’m shocked that very many Kenyans are being arrested and charged with terrorism because terrorism is a very serious crime. If we make it so cheap that any Kenyan on the street would be picked and charged with terrorism, then we are endangering our lives. Kenyans will not come out to report real terrorism cases,” Dr. Ong’wen warned.

He further emphasized the gravity of the charges, stressing that terrorism should not be used as a blanket term for crimes like arson and looting, which should be dealt with under existing legal frameworks.

“The state should be careful with this issue because terrorism is as serious as treason,” Dr. Ong’wen added.

He also pointed out that the Kenyan Penal Code already contains adequate provisions to address crimes like arson and looting, without needing to resort to terrorism charges.

“Terrorism is not something we should trivialize. The Penal Code has enough provisions to deal with any crime committed, rather than resorting to terrorism,” he concluded.

The government’s decision to label protest-related activities as acts of terrorism has raised concerns about the potential erosion of civil liberties and the misuse of national security laws. It remains to be seen whether these charges will hold up in court or lead to a larger public outcry.