Government Use of Terrorism Laws Against Kenyan Youth Protesters 2025
Government Use of Terrorism Laws Against Kenyan Youth Protesters
During the 2024–2025 youth-led protests in Kenya, numerous individuals—including peaceful protesters and activists—were charged under terrorism laws, notably the **Prevention of Terrorism Act (2012)**. Civil society groups and legal scholars have raised alarms about the misuse of these laws to suppress dissent.
🔍 Key Cases & Legal Actions
Boniface Mwangi – Human Rights Activist
- Arrested on **July 20, 2025**, by DCI; accused of facilitating "terrorist acts", possessing ammunition (tear gas canisters and a blank round), and unlawfully coordinating unrest. - Charged on **July 21**, released on bond. Amnesty International Kenya and KHRC condemned the charges as politically motivated.
([AP News](https://apnews.com/article/c837d48a33d5fd6a312fa19e1af45178))
Youth Protesters Charged with Terrorism
- On **June 30, 2025**, over **485 youth were arrested**, with **37 charged under terrorism laws**, accused of disrupting public order and damaging infrastructure. - On **July 11**, **36 suspects** were charged for alleged attacks on law courts and police stations.
([KBC](https://www.kbc.co.ke/36-charged-with-terrorism-over-attacks-on-govt-facilities-during-protests))
⚖️ Is the Judiciary Independent?
Despite Kenya’s 2010 Constitution guaranteeing judicial independence, critics have questioned whether the courts are acting autonomously amid intense political pressure.
Observations
- Youth activists and lawyers report that bail hearings and terrorism cases are being delayed or denied without just cause.
- Civil society alleges that **executive influence** is undermining judicial neutrality, especially in politically sensitive protest cases.
- The **Director of Public Prosecutions (DPP)** has been accused of fast-tracking terrorism charges on flimsy grounds.
📜 Constitutional Provisions Violated
Kenya’s Constitution provides **explicit protections** for peaceful assembly, fair trial, and judicial independence:
- **Article 37** – *Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.*
- **Article 49(1)(b)** – *Every arrested person has the right to be informed promptly, in language they understand, of the reason for the arrest.*
- **Article 50(2)** – *Every accused person has the right to a fair trial, including to be presumed innocent until proven guilty.*
- **Article 160(1)** – *In the exercise of judicial authority, the judiciary shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.*
🧭 Impact and Human Rights Concerns
Rights organizations, including Amnesty Kenya, ICJ-Kenya, and Human Rights Watch, have warned that **broad terrorism charges are being used to silence dissent**, criminalize civil protest, and intimidate youth voices.
- Legal experts argue that applying terrorism laws to protest-related actions **violates international legal standards** on freedom of assembly.
- There is growing concern that Kenya is **slipping into authoritarianism** under the pretext of "national security".
📊 Summary Table
| Category | Description |
|---|---|
| 🗃️ Legal Instrument | Prevention of Terrorism Act (2012) |
| 👥 Cases | Boniface Mwangi, 37 protesters charged, more pending |
| 🗨️ Gov't Label | "Organized terror and insurrection" |
| 🚨 Rights Concerns | Misuse of law, suppression of youth voices, unconstitutional policing |
| ⚖️ Judiciary | Judicial independence questioned, delays reported |
📚 References
- [Kenyan pro-democracy activist Boniface Mwangi charged](https://apnews.com/article/c837d48a33d5fd6a312fa19e1af45178)
- [36 charged with terrorism over protests](https://www.kbc.co.ke/36-charged-with-terrorism-over-attacks-on-govt-facilities-during-protests)
- [Amnesty condemns abuse of terror laws](https://www.amnestykenya.org)
- [ICJ-Kenya calls for independent investigation](https://www.icj-kenya.org)
- [The EastAfrican: Kenya misusing anti-terror laws](https://www.theeastafrican.co.ke/tea/news/east-africa/kenya-using-anti-terrorism-laws-to-tame-civil-protests-5115392)