Maraga slams Gov't over terrorism charges against peaceful protesters, wants DPP to drop cases

Retired Chief Justice David Maraga has criticised the government for misusing the Prevention of Terrorism Act to target young activists demanding better governance.

Maraga, who joined human rights activists in court during the hearing of 70 suspects arrested on the June 25th anniversary and Saba Saba protests, urged the ODPP to withdraw what he described as baseless charges.

Law Society of Kenya President Faith Odhiambo echoed the call, demanding that the ODPP instead go after police officers accused of using excessive force on protesters.

The prosecution was expected to provide the accused with witness statements, but that did not happen. The cases were once again adjourned, this time to September 29th and October 2nd—a delay that has persisted for over a month, prompting protests from the defence lawyers.

"The DPPs are lawyers, they understand very well that the charges of terrorism can't hold. The whole reason why the accused persons were being charged with those offences was for them to be detained,” stated Maraga.

Maraga, who accused the state of abusing the courts by using the Prevention of Terrorism Act to silence dissent, warned the move could backfire if left unchecked.

He insisted it would not break the resolve of those fighting for good governance.

"It is the state which is terrorising young people. If they are not able to raise bond terms, they are taken to Kamiti Maximum Prison, where they are mixed with suspects who are rightly charged with terrorism. What are you doing with that? You are radicalising those young people,” he noted.

The former Chief Justice, alongside human rights activists, has urged DPP Renson Ingonga to review the charges, warning that failure to act will see them march to his office to demand justice.

"Let the state do its work properly and stop this issue of terrorising young people who were just asking for their rights,” Maraga warned.

Activist Shakira Wafula added, “Retract these cases and let young people, let innocent people go home and continue with their lives. Life here in Kenya is already difficult; you're making things worse."

"Even when the cases are dropped, when they are trying to get certificates of good conduct, when you Google their names online, you see ‘Republic vs their names,’ and that is something that is going to be difficult. It is important that we insist we want accountability,” another activist, Neema Mutemi, said.

The LSK president also urged the ODPP to drop what she terms trumped-up terrorism charges against peaceful protesters.

She wants the focus shifted to prosecuting trigger-happy police officers caught on camera using excessive force on Kenyans, demanding accountability.