NAIROBI, Kenya – Wiper Party leader Kalonzo Musyoka has slammed the government’s decision to charge Gen Z protesters with terrorism-related offences, calling the move an abuse of prosecutorial powers and a dangerous escalation in the handling of recent demonstrations.
Speaking at the Kahawa Law Courts during the arraignment of several protesters on Tuesday, Kalonzo said the charges filed under the Prevention of Terrorism Act are excessive, politically motivated, and do not meet the legal threshold required under the law.
“These young people do not belong to any terrorist group,” Kalonzo said. “Charging them under such a serious offence serves as a prospect of inflaming Kenyans. The penalty for terrorism is no less than 30 years — this is not justice, it is intimidation.”
The protesters, who were arrested over alleged destruction of public property during the recent anti-government demonstrations, face multiple counts under the anti-terrorism law — a move that has drawn sharp criticism from human rights defenders and opposition leaders.
Kalonzo warned that invoking such heavy-handed charges risks silencing dissent and criminalising constitutionally protected rights.
“Even if the destruction of government offices is regrettable, it should not fall within the ambit of the Prevention of Terrorism Act,” he said. “This law was never designed to be used against citizens exercising their right to protest.”
Defence lawyer Ndegwa Njiru echoed Kalonzo’s concerns, arguing that the demonstrations had been held under the provisions of the Public Order Act and protected by Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, and picket peacefully.
“Parliament only permits restrictions to this right when they are justified in a free and democratic society,” Njiru said. “These charges set a dangerous precedent.”
However, the prosecution team defended its decision, stating that the destruction during the protests targeted critical government infrastructure, including a chief’s office, a court, and subcounty administration buildings.
“The charge sheet demonstrates that the evidentiary and public interest tests were met,” the prosecution said. “The right to prosecute is being exercised with humility.”
The arraignment comes amid growing criticism over the state’s response to the Gen Z-led protests, which have seen multiple deaths, hundreds of arrests, and widespread condemnation over the use of excessive force and now, concerns over prosecutorial overreach.
Human rights groups have warned that the use of anti-terrorism laws to charge peaceful protesters could further erode public trust in institutions and violate international human rights standards.
