Former Law Society of Kenya (LSK) President Eric Theuri has strongly criticized the government for pressing terrorism-related charges against arrested protesters, describing the move as “ridiculous” and lacking any legal foundation.
Speaking to NTV on Monday, Theuri specifically condemned the arrest of renowned activist Boniface Mwangi, who was apprehended by officers from the Directorate of Criminal Investigations (DCI) at his Lukenya home in Machakos County on Saturday night. Mwangi is accused of “facilitating terror” during the nationwide protests that took place on June 25.
“To charge Boniface Mwangi or any of these people with acts of terrorism is completely ridiculous. It has no legal basis,” Theuri said, emphasizing that peaceful protests do not meet the threshold of terrorism under Kenyan law. “Terrorism involves high-level coordination, substantial financing, and a deliberate intent to cause mass destruction and loss of life.”
Theuri expressed alarm over what he termed a “gross misuse of counterterrorism laws” to suppress civil dissent, warning that such actions could further inflame public outrage and erode trust in the country’s justice system.
“When we use our laws selectively to deal with the manifestation of a social problem, we do not cure it—we create a much bigger problem,” he said.
Under Kenya’s counterterrorism laws, suspects can be detained for up to 90 days without trial—far longer than the constitutional protections of appearing in court within 24 hours for regular offenses. Theuri warned that such provisions are now being dangerously misapplied.
“This misuse of terrorism legislation to detain peaceful demonstrators risks undermining the very principles of justice and fairness that the Constitution seeks to uphold,” he noted.
The DCI, after Mwangi’s arrest, said it recovered two unused tear gas canisters and one blank round of ammunition from his Nairobi office in Hurlingham—items investigators claim are linked to alleged efforts to incite public disorder and fear. However, civil society groups and legal experts have dismissed the allegations as flimsy and politically motivated.
A coalition of human rights organizations and lawyers gathered outside Nairobi’s Pangani Police Station on Sunday to protest Mwangi’s detention and denounce what they described as a growing trend of arbitrary arrests and intimidation of government critics.
“The use of criminal justice mechanisms to intimidate protesters and silence dissent is not only unconstitutional but deeply alarming,” said one human rights advocate.
Adding his voice to the growing condemnation, former Chief Justice David Maraga also spoke out against the use of terrorism charges to target demonstrators, calling it a veiled attempt to stifle dissent.
Theuri also raised broader concerns about the conduct of the police service, pointing to allegations of extrajudicial killings and habitual disobedience of court orders. “If the police are known for killing people and ignoring the law, how can citizens feel protected?” he questioned.
Boniface Mwangi remains in custody and is expected to appear in court on Monday, where legal experts say the outcome could set a significant precedent for how protest-related arrests are handled moving forward.
Written By Rodney Mbua
