Lobby groups denounce protest arrests under terror law

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NAIROBI, Kenya, Jul 21 — A coalition of civil society organizations has condemned protest-related arrests framed under terrorism charges, warning against the continued misuse of the Prevention of Terrorism Act (POTA).In a statement issued Monday, as activist Boniface Mwangi appeared in court on what the Directorate of Criminal Investigations (DCI) had termed terrorism charges, the alliance warned the arrests pose a serious threat to civil liberties and democratic governance.The Police Reforms Working Group (PRWG) — an umbrella body comprising over 20 human rights and legal advocacy organizations — decried the government’s weaponization of anti-terror legislation to suppress dissent and peaceful protest.The statement came just hours after the Director of Public Prosecutions (DPP) officially dropped terrorism and money-laundering charges against Mwangi, opting instead to proceed with lesser charges under the Firearms Act.“Boniface Mwangi is not a terrorist,” the group declared unequivocally.“His arrest follows weeks of coordinated, well-funded online disinformation campaigns targeting Boniface Mwangi, members of the Police Reforms Working Group, human rights defenders, and opposition parties.”They argued that the move “appears to be part of a broader effort to intimidate lawful dissent and those committed to upholding the rule of law.”Mwangi was arrested on July 19 at his residence in Lukenya, Machakos County, by officers from the DCI.‘Terrorist activities’The DCI had claimed Mwangi was linked to the “facilitation of terrorist activities” during the June 25 anti-government protests — a move that drew widespread public outrage and condemnation from politicians, legal experts, and rights activists.Following a court appearance at Kahawa Law Courts, Mwangi was released on a Sh1 million personal bond, facing two charges: possession of three teargas canisters without lawful authority, and possession of one round of blank 7.62mm ammunition without a valid firearm certificate.Both incidents are alleged to have occurred during a search of Mwangi’s Mageuzi Hub office in Nairobi’s Hurlingham area.Troubling trend Despite the downgraded charges, PRWG and other stakeholders argue that the entire process reflects a troubling trend.“We are deeply concerned by the continued misuse of the Prevention of Terrorism Act to manage public order in more than 100 other cases,” PRWG said, warning that such practices undermine the criminal justice system and risk damaging Kenya’s international standing in counterterrorism cooperation.A section of leaders has also weighed in.Siaya Governor James Orengo labeled the original terrorism charges as “ridiculous,” stating:“By any tortured legal definition or factual foundation, it’s ridiculous to charge Boniface Mwangi and our children — who have demonstrated a high level of political consciousness — with terrorism.”“Protected speech and political action should never be criminalized.”Former Chief Justice David Maraga echoed similar sentiments last week, accusing President William Ruto’s administration of misusing the justice system to intimidate critics.The PRWG called on the Judiciary to uphold constitutional principles and resist executive pressure to allow politically motivated prosecutions.The rights groups urged Kenyan authorities to “abandon this dangerous approach” and recommit to democratic norms, including the rights to free speech, assembly, and lawful protest.Signatories to the statement included the Independent Medico-Legal Unit (IMLU), Amnesty International Kenya, Katiba Institute, International Commission of Jurists – Kenya, Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA-Kenya), and Transparency International Kenya.