‘Terrorism not limited to guns or bombings’: DPP defends controversial charges on protesters

Director of Public Prosecutions (DPP) Renson Ingonga has defended his office’s controversial decision to charge several anti-government protesters with terrorism, saying the prosecutions are not because of political pressure.

Critics have expressed concern that State agencies are using heavy-handed legal tactics, such as pressing terror-related charges against protesters, to silence dissent.

Speaking in Nairobi on Thursday, Ingonga maintained the independence of his office, saying the terror charges stem from deliberate acts of destruction, including targeting government installations, which under Kenyan law qualify as acts of terrorism.

“The Decision to Charge Guidelines are the most important document for the ODPP and for any prosecutor,” said Ingonga.

“We want prosecution decisions made across different regions to be uniform. These guidelines emphasize evidence-based prosecution to ensure we charge the right person, in line with people-cantered justice. We must resist pressure, fear, or favour.”

Last weekend, prominent activist Boniface Mwangi was arrested and accused by police of “facilitating terror” during the June 25 nationwide demonstrations to honour victims of last year's deadly protests against proposed tax hikes.

They said he would face offences related to “facilitation of terrorist acts and unlawful possession of ammunition,” sparking public uproar.

Come Monday, however, he was charged with possession of ammunition without a valid firearm certificate. This was perceived by some as the ODPP’s backtracking amid criticism of the charges, which human rights groups, opposition leaders, and some members of the public have described as trumped-up.

However, the DPP on Thursday pushed back on this view, saying: “If demonstrations are against the Executive and people are charged with terrorism, it does not mean there is government pressure on me. Terrorism is not limited to guns or bombings; destroying property, especially government property, also qualifies as terrorism.”

“This law was passed in 2014 by the same legislature that is now opposing these cases.”

Similarly, 37 youth who were earlier charged with terrorism-related offences over the June 25 and July 7 protests were released on a cash bail of Ksh.50,000 or an alternative bond of Ksh.200,000 each.

The Law Society of Kenya and former Chief Justice David Maraga are among those who have taken issue with the pressing of terrorism charges against protesters.