View source for Government Use of Terrorism Laws Against Kenyan Youth Protesters 2025


Between 2024 and 2025, Kenya witnessed widespread youth-led protests against government policy, economic hardship, and perceived authoritarian tendencies. During this period, the state responded by arresting hundreds of protesters, many of them under **terrorism-related laws**, sparking national and international outcry.
[[File:BonifaceMwangiArrest.png|thumb|Prominent Kenyan activist Boniface Mwangi poses for a photo while holding a Kenyan flag inside the dock at Kahawa Law Courts in Kiambu, Kenya, Monday, July 21, 2025 https://edition.cnn.com/2025/07/22/africa/kenya-crackdown-on-protests-latam-intl]]

[[File:Thika-law.jpeg|thumb|Sad scenes unfolded outside Thika law courts as families demand release of sons held on Ksh100K bail on robbery, violence and terrorism accusations,  July, 2025 https://x.com/kenyasgossips/status/1945473893289873701 ]]
[[File:Thikalawcourts2.png|thumb|Mothers of detained protestors outside Thika law courts as drama unfolded in July, 2025]]
== Background ==
In June 2024, the Kenyan government introduced a new Finance Bill proposing additional taxes, sparking nationwide protests led primarily by Generation Z (Gen Z) activists using social media. These demonstrations continued into June and July 2025. While mostly peaceful, some incidents escalated into clashes with police.

In response, Kenyan government and security agencies began applying the Prevention of Terrorism Act (2012) to arrest and charge protesters. This move drew criticism from human rights groups and legal experts, who argued that a law meant for genuine terror threats was being misused to silence lawful dissent.

== Arrests and Charges ==

=== Mass Arrests ===  
On **June 30, 2025**, more than **485 individuals** were arrested across the country during anti-government protests. Of these, at least **37 youth** were charged with terrorism-related offenses. Government prosecutors alleged the accused had damaged property and participated in riots that targeted court and police facilities.

=== Case of Boniface Mwangi ===  
On **July 20, 2025**, prominent activist **Boniface Mwangi** was arrested and charged under the terrorism act. Authorities claimed he possessed riot control weapons (including a tear gas canister and a blank round). Mwangi denied all allegations, and several civil rights groups described the case as politically motivated.

== Legal and Constitutional Context ==

The charges drew criticism from legal observers, who noted that the **Kenyan Constitution (2010)** guarantees the right to protest and due process:

* '''[https://wikizetu.com/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Freedom of Assembly, Demonstration and Petition –  Article 37]''': *Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.*
* '''[https://wikizetu.com/index.php?title=Category:Kenya_2010_constitution#49._Rights_of_arrested_persons Article 49(1)(b)]''': *Arrested persons have the right to be informed of the reason for arrest.*
* '''[https://wikizetu.com/index.php?title=Category:Kenya_2010_constitution#50._Fair_hearing Article 50(2)]''': *Every accused person has the right to a fair trial and to be presumed innocent.*
* '''Article 160(1)''': *The Judiciary shall be subject only to the Constitution and the law—not to any person or authority.*

== Public and Institutional Response ==

National and international rights organizations condemned the state’s use of terror laws:

* '''Amnesty International Kenya''' warned against criminalizing peaceful protest and called for the release of all unlawfully detained individuals.
* '''ICJ-Kenya''' demanded an immediate judicial review of terrorism cases related to the protests.
* '''Human Rights Watch''' stated that the arrests set a dangerous precedent in a democratic society.

The **Kenya National Commission on Human Rights (KNCHR)** also highlighted irregularities in detention conditions and due process violations.

== Concerns over Judiciary Independence  ==

The judiciary’s handling of these cases led to increased scrutiny. Protesters and legal professionals questioned whether the courts were operating independently or under pressure from the executive. Reports indicated that some terrorism cases were fast-tracked or delayed arbitrarily, raising fears of executive overreach.

== Legacy and Impact ==

The government's use of anti-terrorism laws during the 2024–2025 protest cycle marked a controversial chapter in Kenya’s democratic evolution. The events prompted calls for legal reform and greater protections for civil liberties, particularly for youth and marginalized voices.

== Timeline ==
{| class="wikitable"
! Date !! Event
|-
| June 30, 2025 || Over 485 protesters arrested; 37 charged with terrorism
|-
| July 11, 2025 || 36 charged for alleged attacks on police and court infrastructure
|-
| July 20, 2025 || Boniface Mwangi arrested and charged under Prevention of Terrorism Act
|}

== References ==
* [https://apnews.com/article/c837d48a33d5fd6a312fa19e1af45178 AP News: Boniface Mwangi charged under terror laws]  
* [https://www.kbc.co.ke/36-charged-with-terrorism-over-attacks-on-govt-facilities-during-protests KBC: 36 charged with terrorism over protests]  
* [https://www.amnestykenya.org Amnesty International Kenya: Protest rights and terror law abuse]  
* [https://www.icj-kenya.org ICJ-Kenya: Statement on judicial overreach]  
* [https://www.theeastafrican.co.ke/tea/news/east-africa/kenya-using-anti-terrorism-laws-to-tame-civil-protests-5115392 The East African: Kenya misusing anti-terror laws]
* [https://edition.cnn.com/2025/07/22/africa/kenya-crackdown-on-protests-latam-intl Kenya misusing anti-terror laws]
* [https://www.bbc.com/news/articles/c5y9nm1vpl3o Kenya U-turn over charging prominent activist with terror offences]

== See Also ==
* [[2025 Kenyan Protests]]  
* [[Constitution of Kenya]]  
* [[Judicial Independence in Kenya]]  
* [[Police Brutality in Kenya]]  
* [[Boniface Mwangi – Activist Profile]]