The Law Society of Kenya (LSK) has criticised Chief Justice Martha Koome for a past remark which they say is partly to blame for an alleged misuse of the Prevention of Terrorism Act (POTA) relied upon by law enforcers to prefer terrorism charges against protesters and activists.

Speaking after visiting Kikuyu Law Courts, a day after it was burnt down during the June 25 protests, the Chief Justice condemned the arson attack linking it to goons infiltrating an otherwise peaceful demonstration.

“The extent of this damage is not just an act of criminal elements but an act of terrorism,” she said.

However, LSK has argued that Koome’s statement has emboldened the police and state prosecutors to prefer terrorism charges against suspected offenders instead of applying proportionate charges under the Penal Code and the Public Order Act.

“Her Ladyship the Chief Justice made a sensational remark that the burning down of the court was an act of terrorism. While we joined the Judiciary in condemning the burning and vandalism of courts, we must recognize the responsibility borne by the Justice sector in how we call for law and order,” said LSK President Faith Odhiambo, in a press statement. 

“Our law enforcement institutions appear to have taken cue from the Chief Justice and are flagrantly abusing the provisions of the POTA, whose threshold is distinct and intended for exceptional circumstances,” she added.

Further, the lawyers’ body has condemned the use of the law designed to fight terror against civilians including young protesters and activist Boniface Mwangi.

Mwangi’s charge sheet was  amended to illegal possession of ammunition. 

The Office of the Director of Public Prosecution (ODPP) defended its use of terrorism charges via a press statement released on Monday saying all cases were backed by evidence, even citing Martha Koome’s statements to justify the actions.

“Political dissent is not an act of terrorism. Therefore, we call upon the Director of Public Prosecution to retain its constitutional independence in making the decision to charge,” said Odhiambo, adding, “We call for an immediate reconsideration of all charges under the POTA in relation to demonstrations, and that any legitimate claims of unlawful conduct be prosecuted through real, proportionate charges informed by the law and evidence.”

According to LSK, the state of the rule of law is in a crisis and calls for a reboot from the government and those opposed to it.

The society wants the police to reform, and has called on protesters to keep demonstrations peaceful devoid of violence, at times directed at the police, as witnessed on June 25 and Saba Saba. 

Further, LSK has warned politicians against coordinating and funding mayhem adding that the militia must be apprehended and prosecuted.