Murkomen accuses LSK of shielding terror suspects amid protest crackdown

Murkomen, who spoke amid mounting criticism over the government’s decision to charge violent protesters with terrorism, said the LSK was “on the wrong side of history” by focusing on defending suspects instead of standing with business owners and citizens who suffered losses during the unrest.

“LSK should not spend a lot of energy to seek lenient bail terms for terrorists. Courts should not be intimidated into issuing easy bond and bail,” Murkomen cautioned, calling on the legal fraternity to provide a clear interpretation of the Prevention of Terrorism Act (POTA).

The government’s decision to invoke POTA against protesters has attracted widespread backlash from political leaders, legal experts, and the public, with many terming the charges excessive and a tool to suppress dissent.

Murkomen defended the move, stating that the government possesses strong evidence to prosecute individuals responsible for the recent chaos.

“There is water-tight evidence against the terror suspects. We will rely on CCTV and communication,” he said, adding that politicians who incite violence or mobilize gangs to disrupt public order will be barred from accessing targeted areas.

The Prevention of Terrorism Act, 2012 (No. 30 of 2012) provides a legal framework for detecting, preventing, and punishing acts of terrorism. It also criminalizes support for terrorism, including the provision of forged documents, and establishes the National Counter Terrorism Centre (NCTC) to coordinate national counter-terrorism efforts.

LSK president Faith Odhiambo has faulted the criminal justice system for misapplying POTA, arguing that protesters cannot be charged with terrorism unless there is irrefutable evidence of terrorist intent.

“Protesters should not be charged with terrorism. The investigating agencies must show and prove that there was a clear intent to cause terrorism,” she said.

Murkomen’s remarks come in the wake of a public uproar sparked by President William Ruto’s controversial “shoot on the leg” directive and Belgut MP Nelson Koech’s subsequent calls to revert to a “shoot to kill” order. The debate over the government’s response to protests continues to divide opinion across the country, with human rights groups warning against excessive use of force and draconian charges.