Former police spokesperson Charles Owino has defended the government’s controversial use of terrorism-related charges against protesters, including activist Boniface Mwangi, saying the unrest seen in recent demonstrations has “political elements.”
Speaking on Citizen TV’s Daybreak program on Wednesday, Owino commented on Mwangi’s arrest and the wider backlash over what critics call heavy-handed legal tactics aimed at intimidating dissenters. Mwangi was arrested on Saturday and initially accused of “facilitating terror” during the June 25 anti-government protests, held in honour of victims of last year’s demonstrations against proposed tax hikes.
The Directorate of Criminal Investigations (DCI) claimed to have found two unused tear gas canisters and one blank round of ammunition at Mwangi’s Nairobi office. However, during his arraignment at Kahawa Law Courts, the charge sheet cited three tear gas canisters and unlawful possession of ammunition. Mwangi pleaded not guilty and was released on a Ksh. 1 million personal bond, with the case set for mention on August 19.
Owino said the decision to drop the initial terror charges was standard prosecutorial procedure. “Prosecutors have a right to evaluate whether a charge meets legal standards. If not, they have a right to drop it,” he explained.
Responding to criticism that the government is weaponizing the law to suppress dissent, Owino disagreed. “I don’t think so,” he said, though he acknowledged a political undercurrent in the protests.
“It is strange to see riots in places we did not expect, like central Kenya,” he noted. “You can tell there are political elements in these things and people who are hiding behind demonstrations for their political interests.”
Owino also recognized the real frustrations fueling the protests, including police brutality and rampant youth unemployment, but cautioned against resorting to violence. “We need to decide as a country if we want our youth to solve issues through dialogue or violence,” he said. “Two wrongs don’t make a right.”
His comments come amid growing public and legal concern. The Law Society of Kenya and former Chief Justice David Maraga have condemned the use of terrorism charges against peaceful protesters, calling it a clear attempt to stifle democratic expression.
Earlier this month, 37 youth arrested over the June 25 and July 7 protests were charged with terrorism-related offences. They were later released on Ksh. 50,000 cash bail or a Ksh. 200,000 bond.
Owino concluded by urging for greater civic education to discourage youth from violence and prevent further escalation of tensions between the public and law enforcement.
Written By Rodney Mbua
