Government sued for "systematic abuse of power" over terrorism charges against protesters
The government has been sued for what activists describe as a systematic abuse of power, following the charging of over 70 protesters under anti-terrorism laws without meeting the legal threshold.
Four civil society organisations have filed a constitutional petition seeking to block further arrests, terming the move a dangerous misuse of counter-terrorism laws to suppress dissent.
The petitioners, Midrift Human Rights Network, County Governance Watch (CGW), Foundation for Dialogue (FFD), and Youth, Arts, Development and Entrepreneurship Network (YADEN), have named the Inspector General of Police, the Directorate of Criminal Investigations, the Director of Public Prosecutions, the Attorney General, and the Cabinet Secretary for Interior as respondents in the case.
Filed before Justice Lawrence Mugambi, the petition is anchored on claims that the state has unlawfully arrested, detained and prosecuted peaceful demonstrators, violating fundamental constitutional rights.
Through lawyer Wambugu Wanjohi, the organisations want the court to declare the arrests and prosecutions unlawful, null, and void, and to prohibit the government from carrying out any further arrests or initiating charges against protestors.
“The court should also suspend all ongoing proceedings before the Kahawa Law Courts or any other court where terrorism charges have been instituted against protestors,” reads the petition.
The case centres on protest-related arrests following the nationwide June 25, 2025, demonstrations and the Saba Saba protests on July 7, during which more than 70 individuals were charged under Section 4(1) of the Prevention of Terrorism Act.
“Over 70 individuals have already been charged under Section 4(1) of the said Act, in proceedings initiated and sustained without satisfying the statutory threshold for terrorism,” reads the petition.
The civil rights groups argue that the cases, particularly those at the Kahawa Law Courts, do not meet the legal standard required for terrorism charges, and yet expose accused individuals to life imprisonment and other capital punishments.
“Notwithstanding the absence of requisite elements such as ideological intent, mass harm, or use of prohibited weapons, this is a misuse of anti-terrorism law,” the petition states.
They further note that the demonstrators have already endured irreparable harm, including unlawful and prolonged detention, as well as reputational damage.
The petitioners warn that the government’s actions threaten key constitutional freedoms; among them the rights to peaceful assembly, freedom of expression, a fair hearing and equal protection under the law.
In their submissions, the groups also lament what they describe as institutional, operational, and community backlash against them, despite their recognition under Kenya’s national counter-violent extremism framework.
“The backlash threatens the integrity of national security partnerships, civic engagement programs, and donor-funded peacebuilding efforts,” they submitted.
The organisations argue that these politically motivated prosecutions have fuelled fear and stigmatisation across communities and could lead to diplomatic consequences.
“Unless the court intervenes, further arrests and prosecutions are likely to proceed in a legally defective manner, overwhelming specialised courts, and eroding public confidence in the justice system,” reads the petition.
They are now asking the court to assign the petition to a three-judge bench, citing the weight and urgency of the constitutional issues raised regarding the misuse of Kenya’s counter-terrorism framework.
According to the petitioners, the protests on June 25 and July 7 were largely youth-led and spread across various regions of the country in response to widespread frustrations over fiscal mismanagement, police brutality, corruption, and the exclusion of young people from national governance.
“These protests were largely peaceful and constitutionally protected under Article 37 of the Constitution, but were met with excessive police force, arbitrary arrests, and prolonged detentions,” the petition adds.
The petition is scheduled for mention on August 11, when the state is expected to file its response.
Four civil society organisations have filed a constitutional petition seeking to block further arrests, terming the move a dangerous misuse of counter-terrorism laws to suppress dissent.
The petitioners, Midrift Human Rights Network, County Governance Watch (CGW), Foundation for Dialogue (FFD), and Youth, Arts, Development and Entrepreneurship Network (YADEN), have named the Inspector General of Police, the Directorate of Criminal Investigations, the Director of Public Prosecutions, the Attorney General, and the Cabinet Secretary for Interior as respondents in the case.
Filed before Justice Lawrence Mugambi, the petition is anchored on claims that the state has unlawfully arrested, detained and prosecuted peaceful demonstrators, violating fundamental constitutional rights.
Through lawyer Wambugu Wanjohi, the organisations want the court to declare the arrests and prosecutions unlawful, null, and void, and to prohibit the government from carrying out any further arrests or initiating charges against protestors.
“The court should also suspend all ongoing proceedings before the Kahawa Law Courts or any other court where terrorism charges have been instituted against protestors,” reads the petition.
The case centres on protest-related arrests following the nationwide June 25, 2025, demonstrations and the Saba Saba protests on July 7, during which more than 70 individuals were charged under Section 4(1) of the Prevention of Terrorism Act.
“Over 70 individuals have already been charged under Section 4(1) of the said Act, in proceedings initiated and sustained without satisfying the statutory threshold for terrorism,” reads the petition.
The civil rights groups argue that the cases, particularly those at the Kahawa Law Courts, do not meet the legal standard required for terrorism charges, and yet expose accused individuals to life imprisonment and other capital punishments.
“Notwithstanding the absence of requisite elements such as ideological intent, mass harm, or use of prohibited weapons, this is a misuse of anti-terrorism law,” the petition states.
They further note that the demonstrators have already endured irreparable harm, including unlawful and prolonged detention, as well as reputational damage.
The petitioners warn that the government’s actions threaten key constitutional freedoms; among them the rights to peaceful assembly, freedom of expression, a fair hearing and equal protection under the law.
In their submissions, the groups also lament what they describe as institutional, operational, and community backlash against them, despite their recognition under Kenya’s national counter-violent extremism framework.
“The backlash threatens the integrity of national security partnerships, civic engagement programs, and donor-funded peacebuilding efforts,” they submitted.
The organisations argue that these politically motivated prosecutions have fuelled fear and stigmatisation across communities and could lead to diplomatic consequences.
“Unless the court intervenes, further arrests and prosecutions are likely to proceed in a legally defective manner, overwhelming specialised courts, and eroding public confidence in the justice system,” reads the petition.
They are now asking the court to assign the petition to a three-judge bench, citing the weight and urgency of the constitutional issues raised regarding the misuse of Kenya’s counter-terrorism framework.
According to the petitioners, the protests on June 25 and July 7 were largely youth-led and spread across various regions of the country in response to widespread frustrations over fiscal mismanagement, police brutality, corruption, and the exclusion of young people from national governance.
“These protests were largely peaceful and constitutionally protected under Article 37 of the Constitution, but were met with excessive police force, arbitrary arrests, and prolonged detentions,” the petition adds.
The petition is scheduled for mention on August 11, when the state is expected to file its response.
anti government demos
june 25 protests
June 25 demonstrations
Saba Saba protests
Saba Saba Day protests
Saba Saba Day demonstrations
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