The decision by the government to press terrorism charges against suspects linked to violent incidents during the June 25 and July 7 deadly protests has elicited a wave of condemnation from opposition leaders, civil society groups and members of the public alike.
However, the Office of the Director of Public Prosecutions (ODPP) has unapologetically defended the move, denying claims its intended at suppressing political expression.
“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 averred in a two-page statement on Monday.
“Preliminary investigations indicate that attacks on public officers, courts, police stations, and government personnel were not spontaneous demonstrations, but calculated and coordinated acts of violence.”
According to the ODPP, such actions under Sections 2 and 4 of the Prevention of Terrorism Act “qualify” as acts of terrorism.
So, what in essence constitutes an act of terrorism?
In Kenya, as alluded to by the ODPP, a terrorist act is defined by the Prevention of Terrorism Act as any action or threat of action which;
(i)involves violence against a person,
(ii) endangers the life of a person, other than the person committing the action,
(iii) creates a serious risk to the health or safety of the public or a section of the public;
(iv) results in serious damage to property;
(v) involves the use of firearms or explosives;
(vi) involves the release of any dangerous, hazardous, toxic or radioactive substance or microbial or other biological agent or toxin into the environment;
(vii) interferes with an electronic system resulting in the disruption of the provision of communication, financial, transport or other essential services;
(viii) interferes or disrupts the provision of essential or emergency services;
(ix) prejudices national security or public safety; and
(b) which is carried out with the aim of—
(i) intimidating or causing fear amongst members of the public or a section of the public; or (ii) intimidating or compelling the Government or an international organization to do, or refrain from any act; or
(iii) destabilizing the religious, political, Constitutional, economic or social institutions of a country, or an international organization: Provided that an act which disrupts any services and is committed in pursuance of a protest, demonstration or stoppage of work shall be deemed not to be a terrorist act within the meaning of this definition so long as the act is not intended to result in any harm.
