Former Chief Justice David Maraga has criticised the state’s approach to handling anti-government demonstrations, as prosecutors request an additional 21 days to investigate young protesters facing terrorism charges.
During Thursday’s, September 11, hearing at Kahawa Law Courts, Maraga argued that anti-terror legislation is being misapplied to target constitutionally protected rights, including freedom of assembly and the right to petition the government.
The prosecution is pursuing terrorism-related charges against several suspects. Maraga and the defence team maintain that the government is using anti-terror laws to intimidate young people exercising their democratic rights.
The accused, who were arrested during nationwide protests on June 25 and July 7, appeared before Principal Magistrate Richard Koech, who set the next hearing for October 2.
They come from different parts of the country and are part of a growing number of youths facing terrorism charges following anti-government protests.
Prosecutors told the court that investigations are complex, citing alleged links between some suspects and organised terror networks, and requested more time to gather evidence.
Seven suspects arrested in Machakos County on June 25 face allegations of causing damage at Matuu Police Station, assaulting officers by throwing stones, inflicting bodily harm, and damaging three vehicles, including breaking 39 windows, with the estimated cost of repairs for the vehicles’ windscreens at Sh85,000.
The accused were first arraigned at Kithimani Law Courts on July 2 and granted bail of Sh200,000 each after denying charges of malicious property damage. They were re-arrested on July 22 and transferred to Nairobi to face terrorism charges.
Human rights groups, lawyers, and activists have criticised the move, saying that charging demonstrators with terrorism is an attempt to intimidate young people and suppress dissent.
Families of the accused attended Thursday’s proceedings, expressing concern over what they described as criminalisation of political expression.
Maraga said, “I was compelled to appear at Kahawa Law Courts because the future of Kenya is on trial. We are defending these young people because they are not terrorists—they are the conscience of our nation. Seventy youths have had their lives disrupted by terrorism charges, which is unacceptable. The ODPP must drop these sham charges against peaceful protesters.”
He added, “Those unable to meet bond terms have been confined since the Saba Saba commemorations. The regime must stop abusing the courts and anti-terrorism laws. It is only a matter of time before constitutional order is restored in Kenya.”
