Former Chief Justice David Maraga has called on the Director of Public Prosecutions (DPPs) Renson Ingonga to drop terror charges against youths arrested during demos held in June and July.

Maraga said that the DPP was frustrating proceeding of the cases after prosecutors at the Kahawa Law Courts informed Magistrate Gideon Kiage and Richard Koech that they were not ready.

The five cases which were to be mentioned yesterday were adjourned to September 29 and October 2.

“The main problem why this is taking so long is because of the charges of terrorism,” he said.

Among those who were expected in court on Thursday are Democracy for the Citizens Party Kiambu youth coordinator Peter KaWanjiru and a youth leader Wanjiku Thiga.

The ex-CJ said that the defence had submitted that proving terror charges is hard and the main reason for the DPP to prefer the charges against the accused was to detain them.

“A terrorist charge is a very serious offence which carries a very long sentence if one is convicted and as a result of that even the court is careful not to give bond terms because someone can run away,” said Maraga.

He said that accused had reasons to run away if they knew that they may be held in jail for 30 years if they were to be convicted.

According to Maraga the suspects had instead chosen to come to court physically despite the matter being virtual as well.

“What we are protesting against are those charges of terrorism, they will not hold and the DPP knows that they will not hold, all that is being done is to detain the accused persons,” said Maraga.

He added: “I have said this before, as far as we are concerned it is the state which is terrorising the young people.”

The ex-CJ said that by preferring the terror charges which attract higher bond terms the State sought to have the suspects held longer. 

He said once in custody the accused will be held in the same jail cells with people convicted of terrorism and this may end up radicalizing them.

“At the end of the end when they are all released after going through that, you can imagine what is going on through their minds.”

He advised the State to do its work properly and stop terrorizing people who are just demanding better leadership.

Maraga maintained that even if the terror charges were to be dropped, the amount of damage and economic costs on their lives will take long to overcome.

Naomi Mutemi a counter terrorism expert said that the move to prefer the terror charges is meant to traumatise the suspects more.

“The lives that are being impacted is not just the suspects in court today, it is their families and future children.”

According to Mutemi, even if the cases were to be dropped, there is a permanent record that they once faced terror charges.

She said that there were three Burundi nationals in custody who cannot raise bond but were also finding it difficult to have someone stand in as a surety since they are foreigners facing terrorism.

“We need accountability from a government that has begun dismantling years of hard work of keeping Kenyans and the globe safer.”

Nerima Wako said that it was ironic that the cases were being pushed ahead on a day when the world was observing the September 11 terrorism attacks in the US.

She questioned why donors should continue funding police in the fight against terrorism if the money is being used to violate protestors.

“What we have in court today is people who have refused to let go and continue to defend our Constitution.”

Activist Sungu Oyoo called on DPP Ingonga and judicial officers not to allow themselves to be used by the Kenya Kwanza regime to terrorise Kenyans.