As protesters are hit with terrorism charges, critics accuse Kenya's government of criminalizing dissent
Boniface Mwangi was arrested over the weekend 'in connection with the facilitation of terrorist activities' during the June 25 protests, Kenya's Directorate of Criminal Investigations (DCI) announced on social media on Sunday, drawing immediate outrage among activists.
When the 42-year-old award-winning photographer appeared in court on Monday, the terrorism charges had been downgraded to two counts of 'possession of ammunition without a valid firearm certificate' because of teargas canisters and blank rounds allegedly found at his office.
His arrest came as activists say more than 100 protesters have been charged with terror-related offenses, arson and money laundering in the past month over demonstrations sparked by widespread dissatisfaction with President William Ruto's administration – especially among the youth whose support propelled him into power.
'I'm known as a human rights defender, not a terrorist,' Mwangi told CNN on Monday evening after he was released on bail. 'I'm so fired up; I'm not scared at all. The only thing that can stop me is a bullet in my head, but as long as I'm alive I'll keep organizing for regime change. The government we have in power is not working for the people.'
Mwangi, who has been critical of successive Kenyan governments and describes himself as 'the people's watchman,' said he was arrested at home by plainclothes policemen on Saturday and taken to his office in the capital Nairobi.
He claimed policemen ransacked the office, confiscating devices and finding two unused teargas canisters and one blank round. Protesters often display the canisters or rounds during demonstrations to journalists as evidence of police brutality and use of excessive force.
Video on social media showed Mwangi shout 'Ruto Must Go!' as he was driven away from his office on Saturday.
Mwangi denied the charges; a judge freed him on a personal bond and set a hearing date for August 21.
Protests erupted in the country in June after several cases of alleged police brutality, including the death of a teacher while in police custody.
During the protests, claims swirled among frustrated demonstrators on social media that government-affiliated politicians had hired people to attack peaceful protesters and damage property to discredit the demonstrations. The Law Society of Kenya, which advises and assists the legal profession, government and public, said the protests had been 'infiltrated by armed, hired goons' in a scathing statement on Monday. 'We strongly condemn this malicious, deliberate re-emergence of radicalized militia sponsored by the political class.'
During recent protests, CNN saw groups of men armed with batons marching alongside police and beating up civilians in Nairobi while uniformed officers watched. Businesses were burnt in other parts of the country and a police station attacked.
CNN has asked the Kenyan government and police for comment, but has not heard back.
President Ruto accused some politicians of misleading youth to riot on Sunday and warned of consequences: 'The police are trained to deal with criminals. They're not trained in parenting. So, if you surrender your children to the police, what do you expect?'
The right to protest is protected under Kenya's constitution but authorities have characterized recent demonstrations as chaotic looting sprees. Kenyan prosecutors slapped several youths with arson and terrorism charges following the protests, and judges imposed hefty bail terms even though many claimed their innocence.
Rights groups have condemned the use of terrorism charges.
'We are deeply concerned by the continued misuse of the Prevention of Terrorism Act to manage public order,' according to a statement on Monday from the Police Reforms Working Group, a coalition of civil society organizations that monitors policing. 'This practice undermines Kenya's criminal justice system and jeopardizes critical international partnerships aimed at safeguarding national security.'
The Kenyan chapter of the International Commission of Jurists on Sunday said it was 'alarmed by the growing pattern of arbitrary arrests and trumped-up charges targeting innocent youth.' In a statement, the human rights group added: 'What began as targeted persecution of young protesters demanding accountability has metastasized into a full-scale assault on Kenya's democracy.'
The government has denied any wrongdoing. The Office of the Director of Public Prosecution defended its use of terrorism charges, saying that the protests were 'calculated and coordinated acts of violence' and that the office 'remains committed to executing its constitutional mandate in accordance with the law, public interest, and administration of justice.'
'We wish to reassure the public that all charges have been brought strictly based on available evidence,' it added on Monday.
Activists like Mwangi and legal experts say the Kenyan government is criminalizing dissent by using charges such as terrorism, arson and money laundering to stoke fear among protesters.
Over the past year, CNN has filmed security forces violently breaking up protests on multiple occasions, shooting at unarmed protesters and assaulting bystanders. At least 38 people were killed and 130 injured in another protest earlier this month, according to the Kenya National Commission on Human Rights.
President Ruto previously told police officers on July 9 to shoot 'looters and arsonists' in the leg if they considered them a threat, rather than killing them.
His Interior Minister Kipchumba Murkomen went further a week later by issuing a directive for officers to shoot at protesters who approached police stations. The former lecturer of law attempted to walk back the comments after public outcry but did not rescind the directive.
On Monday, Murkomen called out those challenging the terror charges, asking: 'If you invade a police station and burn it and steal guns… burn courts… and people's businesses, what is that crime if it is not terrorism?'
Mwangi told CNN that Ruto and his government were 'weaponizing the DCI to criminalize dissent, which is allowed by the constitution – but he's going to fail.'
'They want to scare youth (away) from protesting because it will be hard to get work, or even a visa,' he said. 'And if the kids are not scared, they want to scare their parents.'
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