Four civil rights groups have sued the government, challenging what they term as unlawful arrests, detention and prosecution of peaceful demonstrators.

Midrift Human Rights Network, County Governance Watch (CGW), Foundation for Dialogue (FFD), and Youth, Arts, Development and Entrepreneurship Network (Yaden), have filed a case against the Inspector General of Police, the Directorate of Criminal Investigations, the Director of Public Prosecutions, the Attorney General and the Cabinet Secretary for Interior.

Through Lawyer Wambugu Wanjohi, the organisations want the arrests, where alleged peaceful protestors have been charged with terrorism and other charges, to be declared unlawful, null and void.

In the case filed before Judge Lawrence Mugambi, the groups want the court to bar the government, through its security agencies, from making further arrests or prosecuting the protesters.

“The court should also suspend all ongoing proceedings before the Kahawa Law Courts or any other court where terrorism charges have been instituted against protestors,” reads the petition.

Wambugu submits that the arrests and prosecution followed the June 25, 2025 protests and the Saba Saba protest on July 7.

“Over 70 individuals have already been charged under Section 4(1) of the said Act, in proceedings initiated and sustained without satisfying the statutory threshold for terrorism,” reads the petition.

The organizations note that the prosecution ongoing before the Kahawa Law Courts does not meet the threshold for a terrorism charge and exposes the accused persons to life imprisonment, among other capital punishments.

“Notwithstanding the absence of requisite elements such as ideological intent, mass harm, or use of prohibited weapons, this is a misuse of anti-terrorism law,” reads the petition.

They add that the protestors had already suffered irreparable harm through prolonged detention and their reputations had been damaged.

According to the organizations, the prosecutions threaten the fundamental rights to peaceful assembly, expression, fair hearing and equal protection, protected under the constitution.

Further, they claim that despite being recognized under the national counter-violent extremism policy, the organizations are experiencing institutional, operational, and community backlash.

“The backlash threatens the integrity of national security partnerships, civic engagement programs, and donor-funded peacebuilding efforts,” they depose.

The petitioners depose that prosecutions have triggered fear and stigmatization across affected communities and risks diplomatic fallout.

“Unless the court intervenes, further arrests and prosecutions are likely to proceed in a legally defective manner, overwhelming specialized courts, and eroding public confidence in the justice system,” they aver.

The groups want the petition to be heard by a three-judge bench, noting that the petition raised urgent constitutional issues concerning the misuse of counter-terrorism law.

According to the organizations, the youth-led June 25 and July 7 protests broke out across various parts of Kenya in response to public frustration over fiscal mismanagement, police brutality, corruption, and exclusion of young people from public participation.

“These protests were largely peaceful and constitutionally protected under Article 37 of the Constitution, but were met with excessive police force, arbitrary arrests, and prolonged detentions,” they add.

The petition will be mentioned on August 11, when the government is expected to respond.