Former Law Society of Kenya (LSK) President Eric Theuri has strongly criticized the government for charging protesters with terrorism-related offenses, terming the move “completely ridiculous” and without any legal merit.
Speaking during an interview with NTV on Monday, Theuri condemned the arrest of activist Boniface Mwangi, who was taken into custody by Directorate of Criminal Investigations (DCI) officers on Saturday night at his Lukenya home in Machakos County. Mwangi was accused of facilitating acts of terror during the nationwide protests held on June 25.
“To charge Boniface Mwangi or any of these people with acts of terrorism is completely ridiculous. It has no legal basis,” Theuri asserted.
According to the former LSK boss, terrorism is a grave criminal offence that entails complex coordination, substantial financial resources, and the intent to cause mass destruction or death — conditions he said do not apply to peaceful demonstrators.
“It involves a lot of organization, a lot of finances, and people sitting somewhere and planning to cause death and destruction within a country,” he explained.
Theuri warned that the government’s use of anti-terrorism laws to suppress dissent is not only a misuse of legislation, but a dangerous precedent that could fuel greater public mistrust in both the police and judicial institutions.
“When we use our laws selectively in an attempt to deal with a manifestation of a social problem, we do not cure the problem. What we are doing is creating an even bigger one,” he said.
He also raised concern over the abuse of legal loopholes that allow terrorism suspects to be detained for up to 90 days without being presented in court, thus circumventing constitutional protections.
“That’s the reason the constitutional protections — of being presented in court within 24 hours or within 14 days — don’t even apply to terrorism,” Theuri added.
The activist, Boniface Mwangi, is currently detained at Pangani Police Station. Detectives claim a search at his Hurlingham-based Mageuzi Hub recovered two unused tear gas canisters and a blank round of 7.62mm ammunition — items they allege are linked to attempts to incite public disorder.
However, civil society groups, legal experts, and rights defenders have condemned the charges, staging protests outside the station on Sunday while calling for Mwangi’s immediate release and the protection of constitutional freedoms.
Former Chief Justice David Maraga also weighed in, denouncing the terrorism charges as a means of criminalizing legitimate public dissent.
Meanwhile, Theuri criticized the National Police Service for what he described as a deteriorating image, pointing to allegations of extrajudicial killings and disobedience of court orders.
“If you have a police service that is known for not obeying court orders, killing people — such that when you see the police you feel unsafe — what are we creating?” he posed.
“We desperately need the police to maintain law and order. But if they have such a reputation, what happens when there’s unrest or violence?”
Mwangi is expected to appear in court on Monday to face amended charges, following the withdrawal of earlier claims linking him to terrorism.
