ODPP Defends Charges Under Anti-Terrorism Law Amid Public Debate

The Office of the Director of Public Prosecutions (ODPP) has issued a public statement addressing the national debate surrounding recent legal actions taken under the Prevention of Terrorism Act, following incidents that occurred on June 25 and July 7, 2025.

In its statement, the ODPP reaffirmed its commitment to upholding democratic principles, emphasizing the importance of a free press and active civil society in promoting transparency and good governance.

The ODPP clarified that the terrorism-related charges stem from actions that go beyond peaceful protest. Preliminary investigations reportedly show that the attacks targeting public offices, courts, police stations, and government personnel were not spontaneous demonstrations but deliberate and coordinated acts of violence. These acts, the ODPP said, were intended to disrupt essential government services, create fear, and undermine public confidence in democratic institutions.

Referencing Chief Justice Martha Koome’s remarks during her visit to the torched Kikuyu Law Courts on June 26, the ODPP highlighted her assessment that the destruction was “not merely an act perpetrated by criminal elements but an act of terrorism.”

According to the ODPP, the charges align with Sections 2 and 4 of the Prevention of Terrorism Act, which categorize acts intended to cause serious disruption, intimidate the public or government, or incite fear through targeted destruction as terrorism.

Responding to concerns about possible misuse of the law, the ODPP assured the public that all charges are based on credible evidence. The office emphasized that every accused individual will receive a fair trial, legal representation, and full access to due process in accordance with the Constitution of Kenya.

The statement concluded by reaffirming the ODPP’s dedication to its constitutional mandate and the pursuit of justice in the public interest.

Written By Rodney Mbua