The unchecked application of the Prevention of Terrorism Act is eroding public trust and risks weakening Kenya's criminal justice system, legal and security experts have warned.
Former Law Society of Kenya (LSK) President Eric Theuri now says many terrorism charges lack the compelling evidence needed to sustain convictions, raising the likelihood of cases being dismissed in court.
Frequent withdrawals of charges, or dismissals, Theuri says, only make a mockery of the police, prosecutors, and judicial officers. "Acts of terrorism including destruction of property, killings, and all other ingredients of that charge are in the law.
The law states that if the destruction of property arises from a situation of riot or a demonstration then it is not defined as terrorism even though it possesses ingredients that constitute terrorism," he said while on Spice FM on Wednesday, July 23. On Monday, the Office of the Director of Public Prosecutions (ODPP) dropped terrorism charges against activist Boniface Mwangi, opting instead to charge him with illegal possession of ammunition.
