Chief Justice Martha Koome has publicly rejected the prosecution’s claim that her own remarks justify slapping anti-government protesters with terrorism counts.
In a Wednesday statement, Koome said she was referring only to the arson attack on Kikuyu Law Courts when she called it “an act of terrorism.” She stressed the comment can’t be stretched to cover every street protest that turned ugly.
“I stated that the destruction was not carried out by local residents or peaceful protestors. Instead, the attackers were individuals brought in from outside Kikuyu,” she recalled, insisting those words “were specific to that incident and not meant to apply to any other protests.”
How the row began
- June 25: Kikuyu Law Courts burned during the first wave of Gen Z-led June protests.
- June 26: Koome toured the ruins, condemned the attack, and warned of organised violence.
- July 21: The Office of the Director of Public Prosecutions (ODPP) cited her Kikuyu remarks while defending its decision to charge multiple suspects under the Prevention of Terrorism Act.
A surge in terror counts
| Date | Location | Suspects charged under POTA | Source |
|---|---|---|---|
| 25 June | Kikuyu, Kiambu | 37 | ODPP statement |
| 7 July (Saba Saba) | Nairobi / Ngong | 31 | Rights-groups tally |
| 20 July | Nairobi | 1 (Boniface Mwangi) | Court filings |
*Mwangi was ultimately charged with possessing tear-gas canisters, not terrorism.
Civil-society coalition PRWG warns the state has now opened “more than 100” terror-related protest cases, calling the trend a “weaponisation” of anti-terror law.
The CJ reminded Kenyans that prosecutions rest with independent investigators and the DPP, not with public commentary from judges. “Everyone brought before the courts, regardless of the charge, will be given a full and fair hearing as required by the Constitution,” she pledged.
Meanwhile, the ODPP is standing firm. “These were calculated acts of violence… not spontaneous demonstrations,” its Monday release said, arguing the charges meet the legal threshold for terrorism.
Legal scholars say the dispute could set a precedent for how Kenya treats future demonstrations. If courts decide the terrorism label is overreach, dozens of cases may collapse. If they uphold it, police will gain a powerful tool to curb street protests.
Read the full statement:
