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Tag: Terrorism Charges

  • CS Murkomen: We shall not relent on terrorism charges against violent protesters

    CS Murkomen: We shall not relent on terrorism charges against violent protesters

    Interior and National Administration CS Kipchumba Murkomen has said the State will not relent in its terrorism charges against individuals engaging in terrorist acts.

    Speaking in Eldoret at the start of his Jukwaa La Usalama engagement in the county, the CS faulted the Law Society of Kenya for standing on the side of criminals and not the law-abiding citizens who have lost property worth billions of shillings in the so-called protests.

    “The Prevention of Terrorism Act is clear and unambiguous. Orchestrating violence, endangering life, creating serious risk to public health or safety, causing serious damage to property, using firearms or explosives, and interfering with essential services are all terrorist acts. How better can we define those using petrol bombs to burn courts and other critical infrastructure?

    The CS told courts not to be intimidated to give lenient bail terms to those arraigned for these offences, saying the people of Kenya deserve the protection of the law.

    “I saw the interview of the LSK President and she was arrogating herself the position of a judge. How did she determine that the evidence we gave in court is not watertight? The question of threshold is a court process.

    He called on the LSK President, Faith Odhiambo, to support the rule of law which involves charging suspects in court. Once a matter is in court, she can choose to stand with the suspects as a defense lawyer or stand with the people of Kenya who have suffered loss of property during violent protests.”

    He went on: “I was expecting LSK and the Opposition to support us on this so that going forward we can have peaceful protests.”

    He said former Public Service CS Justin Muturi presided over the passing of the Prevention of Terrorism Act when he was the Speaker of the National Assembly, and should advise those who sponsor violence accordingly.

  • EXPLAINER: 9 offenses that constitute terrorism in Kenya

    EXPLAINER: 9 offenses that constitute terrorism in Kenya

    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.