Chief Justice Martha Koome has tasked the National Police Service, under the leadership of Inspector General Douglas Kanja and Director of Public Prosecutions (DPP) Renson Ingonga, to follow the law when handling terrorism charges and accusations.
Speaking on Friday, July 25, CJ Koome emphasised the need for continuous knowledge acquisition and the enhancement of skills and competencies to effectively address the evolving threat of terrorism and its impact on national and global peace and security.
She referenced the strong foundation provided by the 2010 Constitution to law enforcement, the DPP, who is the Chief Prosecutor, and Kenyan courts on how to approach terrorism cases.
“The law sets out clear thresholds of what constitutes terrorism,” CJ Koome stated.
“It is the responsibility of the police to conduct investigations, and for the Director of Public Prosecutions (DPP) to independently assess both the law and evidence to ensure that any charges presented in court meet these legal standards," she added.
Her comments come amid an ongoing debate over the imposition of terrorism charges on individuals arrested by police in connection with participation in protests witnessed in the country on June 25 and Saba Saba.
Ingonga came under fire following a wave of criticism directed at his office, with sections of activists accusing the body of falsely charging protesters with terrorism.
This prompted speculation among Kenyans, who claimed that the Office of the DPP was being controlled by the government.
Critics argued that the ODPP was misusing counterterrorism laws to stifle dissent, something the government has been accused of spearheading.
However, in a quick rejoinder on Thursday, July 24, Ingonga denied any influence from the Executive, and he maintained the ODPP remained an independent body.
According to the director, prosecution targets individuals purely based on evidence which has been relayed against them.
The terrorism discourse also ensnared CJ Koome, with the Judiciary recently having to put out a statement distancing Koome from influencing terrorism charges against individuals arrested in connection with the torching of Kikuyu Law Courts.
This is after DPP Ingonga had cited Koome’s comments on the torching of the courts as a ‘terrorist act’ as a basis for imposing terrorism charges against the arrested individuals.
In Kenya, the Prevention of Terrorism Act, 2012 (POTA), defines a terrorist act as an act or threat of action that involves a specific type of prohibited activity and is carried out with a specific aim or objective, with terrorist intent.
Examples of prohibited activity in this context include the use of violence against a person, endangering the life of a person, causing extensive damage to property, use of firearms or explosives, threatening national security or public safety, or posing a serious risk to the health or safety of the public.
The terrorist intent in this context may involve intimidating or causing fear among members of the public or a section of the public, or intimidating or compelling the government or an international organisation to do, or refrain from doing, any act. Another example is destabilising the religious, political, constitutional, economic, or social institutions of a country or an international organisation.
