How the Law is Being Used Against Protesters in Kenya

Over the past two months, police have arrested more than 1,500 people during protests across Kenya. Many of these people have been charged with very serious crimes such as terrorism or robbery with violence. These charges carry long prison sentences and can make it very hard to get bail because the law treats them as dangerous offences.

Human rights groups say some of these charges are being used to scare people away from joining protests. The idea is that if people see others facing serious charges, they will think twice before going to the streets.

One recent example is the case of activist Boniface Mwangi. He was arrested for allegedly having tear gas canisters. The police used the Prevention of Terrorism Act to justify the arrest, even though this law is meant for real terrorism cases, not for peaceful protest. The charges were later dropped after public pressure, showing how the law can be stretched and then quietly dropped.

People Disappearing After Arrests

There are also reports of people disappearing during demonstrations. Families say unknown people, sometimes believed to be plain clothes officers, have taken their relatives away. They are held for days or even weeks without being taken to court, and later released without charges.

This is against the Constitution of Kenya:

Article 29 says you have the right to be free from arbitrary arrest or detention.
Article 49 says if you are arrested, you must be told why, taken to court within 24 hours and allowed to apply for bail unless there are strong reasons to refuse it.

Kenya has also signed international agreements like the International Covenant on Civil and Political Rights that protect people from being detained in secret.

What the Courts Have Said

Courts in Kenya have made it clear that the law should not be used to punish people before trial. In Republic v Chief Magistrate’s Court at Milimani & Another ex parte Kobia [2010], the High Court said bail is a constitutional right and should not be refused just to keep someone in custody unless there is evidence they might escape, harm others or interfere with witnesses.

In Munywoki v Republic [2017] eKLR, the court said that police powers to arrest must be used fairly and not for political reasons. Arresting people without evidence or holding them without charges is unlawful.

What You Should Know

Protesting is your right under Article 37 of the Constitution. You can gather, march or demonstrate peacefully and without weapons. But it is also important to know your rights if you are arrested: