LSK condemns Judiciary, ODPP over terror charges against protesters

The Law Society of Kenya (LSK) says protesters should not be charged with the offence of terrorism, and subjected to heavy bond terms to secure their release, unless there is substantial proof, including intention and planning to commit such a high-profile offence.

In an exclusive interview with Citizen TV, LSK President Faith Odhiambo faulted the entire criminal justice system, including the Office of the Director of Public Prosecutions (ODPP) and the judiciary, for misusing the Prevention of Terrorism Act (POTA) to incriminate protesters and human rights defenders.

The LSK boss says such charges must only be brought when there is clear, compelling evidence of intent and planning to commit acts of terror.

"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.

The LSK President faulted the judiciary for imposing what she terms exorbitant and unrealistic bond terms, a day after activist Boniface Mwangi was released on a personal bond of Ksh.1 million following charges of illegal possession of ammunition and tear gas canisters.

"The bail and bond terms being issued against protesters are very high and against the principles of fair justice,” she noted.

Critics cited recent pronouncements by Chief Justice Martha Koome and Interior Cabinet Secretary Kipchumba Murkomen as efforts to victimise protesters and human rights defenders.

"We will not drop the charges on terrorism against individuals who cause mayhem during protests,” Murkomen said on Monday.

On June 26, after the anti-government protests, CJ Koome had said, "What happened here in Kikuyu is an act of terrorism."

"The statements by the Chief Justice might have been taken in a bad way. Even ODPP is quoting the remarks of the CJ. Her statement is being used as an excuse by the state," added Ms. Odhiambo.

LSK has affirmed that it will not be intimidated or deterred by attacks on lawyers arising from their firm defence of the Constitution and the rule of law while representing protesters and human rights defenders in court.

According to the Interior Ministry, a total of 71 individuals have been arrested and charged with terrorism-related offences linked to the Saba Saba and June 25th anniversary demonstrations.