The Office of the Director of Public Prosecutions has defended the move to charge protesters with acts of terrorism.
ODPP acknowledged the ongoing national discourse sparked by recent legal actions following the events of June 25, 2025 and July 7, 2025.
The Office said it upholds the vital role of a free press and a vibrant civil society in fostering accountability and strengthening democratic governance.
“However, the charges under the Prevention of Terrorism Act should be understood within the framework of established legal thresholds and national security imperatives rather than interpreted as efforts to suppress legitimate political expression,” ODPP said in a statement.
ODPP said preliminary investigations indicate that attacks on public offices, courts, police stations, and government personnel were not spontaneous demonstrations, but calculated and coordinated acts of violence.
These incidents, they said, were aimed to cripple essential government operations, instilling fear, and eroding public trust in democratic institutions.
ODPP quoted Chief Justice Martha Koome, who spoke on June 26, 2025, after inspecting the Kikuyu Law Courts, which were torched during the demonstrations.
Koome described that incident as "not merely an act perpetrated by criminal elements but an act of terrorism."
The Office further stated that under Sections 2 and 4 of the Prevention of Terrorism Act, such actions qualify as acts of terrorism when intended to cause serious disruption of essential services, intimidate the public or government, or create widespread fear through targeted destruction.
The ODPP said they are aware of public concerns regarding the potential misuse of terrorism legislation.
They have assured the public that all charges have been brought strictly based on available evidence, with each accused individual accorded a fair trial, legal representation, and full access to due process in line with the Bill of Rights under the Constitution of Kenya.
“We remain committed to executing its constitutional mandate in accordance with the law, public interest and administration of justice.”
