Manyatta MP John Gitonga Mukunji has filed a petition at the High Court alleging that the State is misusing Kenya’s anti-terrorism laws to unlawfully target him and others over their perceived links to recent protests.
In court papers filed on July 22, Mukunji is joined by journalist James Ikuwa Mbochi and boda boda rider Stanley Mbuthia Wanjiru.
He alleges that State agencies, including the police led by the Inspector General and the Directorate of Criminal Investigations (DCI) and the Office of the Directorate of Public Prosecution (ODPP), have wrongfully invoked provisions of the Prevention of Terrorism Act (POTA), 2012.
According to the petition, this relates to accusations linking them to offences such as the collection and provision of property for the commission of terrorist acts and conspiracy to commit a terrorist act.
The petitioners maintain that these accusations lack any lawful basis.
“That we neither participated nor organised any protests on 25/6/2025 or 7/7/2025, and we were set aback when we realised that we were being linked with offences under the Prevention of Terrorism Act 2012 that were allegedly committed during the protests on the said dates,” reads part of the court documents.
According to the petition, the legislator and the others were arrested on July 7, 2025, during the period of the Gen Z saba saba protests.
The MP states that he had offered Mbochi a lift along the Thika Superhighway when they were stopped by police officers, arrested, and later taken to Kahawa Law Courts.
The petition alleges that their arrest and detention were orchestrated to link them to offences under terrorism laws, despite their denial of any involvement in such activities.
Mukunji argues that the protests in question were peaceful and organic, and he contends that no credible evidence connects the petitioners to any terrorism-related activities.
The petition further alleges that the actions by the security agencies constitute an abuse of Kenya’s counter-terrorism framework.
It adds that the Prevention of Terrorism Act is being applied selectively and improperly to criminalise individuals for their political beliefs or perceived affiliations with protest movements.
The lawmaker argues that the law was intended for genuine national security threats and not for use against persons exercising constitutionally protected rights to expression and assembly.
In the petition, Mukunji draws comparisons to previous eras when laws such as the Public Order Act were allegedly used to suppress political dissent.
A significant element of the case concerns the use of Kahawa Law Courts, a specialised court for terrorism matters.
The petition alleges that bringing the case before this court amounts to what he termed as “forum shopping,” intended to portray the petitioners as serious security threats despite the nature of the accusations stemming from public protests.
Mukunji and his co-petitioners argue this move was intended to intimidate them and to provide a justification for prolonged legal proceedings under anti-terrorism laws.
The MP further claims that his privacy rights were infringed upon when his mobile phones and iPad were seized during his arrest, with security officers allegedly demanding access to his personal and confidential information.
The petition states that this action violated his constitutional rights to privacy and due process.
He now seeks court orders to stop the IG, DCI, and the DPP from pursuing terrorism-related charges against him or his co-petitioners in connection with the protests.
He is also asking the court to compel the release of all confiscated devices.
Through the petition, Mukunji argues that the allegations against him represent a broader pattern of misapplying anti-terror laws in circumstances unrelated to terrorism.
He seeks various declarations, including that the State’s actions were unconstitutional and violated rights to privacy, freedom of expression, due process, and protection from arbitrary detention.
The petitioners further claim they have incurred legal costs
due to their alleged unlawful arrest and prosecution and are seeking damages.
