EXPLAINER: ODPP Speaks On Terrorism Act Following Public Uproar
The Office of the Director of Public Prosecutions has responded to public indignation over the recent surge in terrorist accusations filed against protestors.
In a news release issued on July 21, the administration emphasized that the accusations were lawful under the Prevention of Terrorism Act.
“The Office of the Director of Public Prosecutions (ODPP) acknowledges the ongoing national discourse sparked by recent legal actions following the events of 25th June 2025 and 7th July 2025,” the statement read.
Although the ODPP recognized the need for free expression and a “vibrant civil society”.
However, it stressed the importance of understanding the Act’s structure rather than misinterpreting it as an attempt to stifle legitimate political expression.
The ODPP further said that the suspects charged with terrorism had been accused of serious conduct that not only instilled fear but also threatened to disrupt government operations.
Furthermore, the DPP claims that the attacks on public offices, courts, police stations, and government staff were not spontaneous demonstrations, but rather planned and orchestrated acts of violence.
“These incidents aimed to cripple essential government operations, instil fear, and erode public trust in democratic institutions,” the statement read.
PRESS STATEMENT ON CHARGES UNDER THE PREVENTION OF TERRORISM ACT.#HakiNaUsawa pic.twitter.com/AcfIo2N91o
— Office of The Director Of Public Prosecutions (@ODPP_KE) July 21, 2025
In addition to the Act, the ODPP highlighted remarks made by Chief Justice Martha Koome on June 26, after assessing the damage at the Kikuyu Law Courts.
The agency described it as “not merely an act perpetrated by criminal elements, but an act of terrorism”.
“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,” ODPP stated.
As a result, the office decided that while it was aware of public concerns about the potential misuse of terrorism legislation, all charges were brought solely on the basis of available evidence.
“Each accused individual will be accorded a fair trial, legal representation, and full access to due process in line with the Bill of Rights under the Constitution of Kenya,” the statement concluded.
Following the June 25 memorial protests, scores of Kenyans have been charged with terrorism.
It began with 37 suspects arrested on suspicion of torching the Kikuyu Law Courts and other government infrastructure during the June 25 protest.
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A few days later, eight more people were charged with terrorism for torching structures at the Mawego Police Station.
It was the station where slain teacher Albert Ojwang was briefly imprisoned before being moved to Nairobi’s Central Police Station.
When activist Boniface Mwangi was arrested on Saturday, the Directorate of Criminal Investigations (DCI) hinted that he could face charges of supporting terrorism.
This statement fueled the public outrage over the recent increase in terrorism accusations.
Mwangi was eventually charged with two counts of possession of ammunition and released on a personal bail of Ksh1 million.
EXPLAINER: ODPP Speaks On Terrorism Act Following Public Uproar
