NAIROBI, Kenya – The Kenyan government is facing a constitutional petition over what civil society groups are calling the systematic abuse of anti-terrorism laws to silence dissent, following the prosecution of over 70 individuals who participated in recent anti-government protests.
Four human rights organisations—Midrift Human Rights Network, County Governance Watch, Foundation for Dialogue, and Youth, Arts, Development and Entrepreneurship Network (YADEN)—filed the case at the Milimani High Court, accusing state agencies of unlawfully detaining and charging peaceful demonstrators under the Prevention of Terrorism Act.
The petition targets top security and legal officials, including the Inspector General of Police, the Directorate of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), the Attorney General, and Interior Cabinet Secretary Kipchumba Murkomen.
Appearing before Justice Lawrence Mugambi, the petitioners—represented by lawyer Wambugu Wanjohi—asked the court to declare the arrests and prosecutions unlawful and to bar the state from pressing further terrorism charges against demonstrators.
“The court should also suspend all ongoing proceedings at the Kahawa Law Courts or any other court where terrorism charges have been instituted against protestors,” the petition states.
At the heart of the case are charges brought under Section 4(1) of the Prevention of Terrorism Act following the June 25 and July 7 Saba Saba demonstrations, which were largely youth-led and driven by frustration over corruption, police brutality, and perceived exclusion from governance.
The petitioners argue that the terrorism charges fail to meet the legal threshold, noting that many of those arrested were engaged in peaceful protest and had not demonstrated ideological motives, used prohibited weapons, or caused mass harm—key elements required under the Act.
“These are politically motivated prosecutions. They expose the accused to harsh sentences, including life imprisonment, yet the evidence presented does not satisfy the statutory requirements,” the petition reads.
The organisations further contend that the arrests have caused irreparable harm to those charged, including reputational damage, unlawful detention, and psychological distress.
They warn that continued misuse of counter-terrorism laws undermines constitutional rights such as freedom of expression, peaceful assembly, and due process.
They also raised concern over the potential fallout on Kenya’s civic space, peacebuilding efforts, and international partnerships.
“The backlash threatens the integrity of national security collaborations and donor-funded programs aimed at countering violent extremism,” the groups submitted.
The petition seeks the formation of a three-judge bench to hear the matter, citing the seriousness and urgency of the constitutional questions involved.
The case is scheduled for mention on August 11, when the government is expected to respond.
