Only courts can declare someone a terrorist, not Murkomen - LSK boss Faith Odhiambo

Law Society of Kenya (LSK) President Faith Odhiambo has pushed back against remarks by Interior Cabinet Secretary Kipchumba Murkomen, saying the determination of who qualifies as a terrorist lies with the courts—not government officials.

Speaking on Citizen TV’s The Explainer Show on Tuesday night, Odhiambo defended LSK’s recent criticism of the use of terrorism charges against anti-government protesters, which drew sharp condemnation from Murkomen, himself an LSK member.

Murkomen had accused the LSK of siding with “terrorists” by challenging the legality and harshness of charges brought against young demonstrators arrested during recent protests, but Odhiambo insisted that the society was simply upholding constitutional rights.

“It is not Murkomen to determine whether someone is a terrorist or not. It is the law and the Judiciary to determine and make that verdict if those people were actually terrorists—if they meet that threshold," said the lawyers’ body boss.

 “Article 50 provides that you are innocent until proven guilty and Article 49 provides that you have a right to legal counsel. At no particular point does the LSK agree to statements made by the CS in his capacity.”

Odhiambo further cautioned against using labels like “terrorist” or “treasonist” to criminalise dissent, noting that such tactics have historically been used against legitimate movements.

“We have seen leaders who are now sitting in Oval Offices being referred to as treasonists, terrorists, as murderous—among the heinous crimes in the country—merely because they had a dissenting voice. Because you call someone a thief does not make them a thief," she noted.

While acknowledging the violence and chaos that marred sections of the protests, Odhiambo maintained that the rule of law must apply equally.

“We recognise the anarchy that occurred… What LSK is saying is: adopt the same standard. Under Kenyan law, we are equal,” she stated.

“We see police walking hand in hand with goons—and the question is: how many police officers have been arrested?”

Her remarks come amid growing debate over the state’s response to anti-government protests, and whether legal overreach is being used to silence dissent.