Kenyan authorities are increasingly using punitive laws to silence dissent, according to legal experts and civil society groups. In July, mass arrests of protesters saw many charged with terrorism-related offences and granted bail far beyond their means, effectively detaining them for extended periods.
Kevin Njoroge, a flower farm worker from Naivasha, was arrested while walking home during protests on 7 July. He was charged with robbery with violence and given bail of 200,000 Kenyan shillings (£1,160) – more than 16 times his monthly salary. Unable to pay, he spent two weeks in an overcrowded remand prison before his brother crowdfunded a reduced bail of 50,000 shillings.
Njoroge was among nearly 1,500 Kenyans arrested after the protests. Data from the Police Reforms Working Group shows that of 316 documented arrests, 70% faced charges such as terrorism, robbery, theft, or arson, which carry high bail conditions up to one million shillings. Interior Minister Kipchumba Murkomen labelled protesters “marauding gangs of looters and barefaced anarchists”.
Mwaura Kabata, vice-president of the Law Society of Kenya, described the tactic as “lawfare”. He said the government is weaponising existing laws and proposing new ones to suppress both offline and online dissent. “This is a kneejerk reaction to protests getting out of hand. Its main intent is to silence dissent,” he added.
Vincent Chahale of the International Justice Mission noted that charging protesters under the Prevention of Terrorism Act is unprecedented. “The disadvantage is that bail terms are much higher than under normal penal code offences,” he said. Earlier this year, the government also used the Computer Misuse and Cybercrimes Act against activists, including a prison officer and a software developer.
