By Peter Mwibanda | IP Opinion.
NAIROBI, Kenya (IP) — Kenya is facing a justice crisis. The Office of the Director of Public Prosecutions (ODPP), constitutionally mandated to uphold impartial justice, is under growing scrutiny for allegedly using its power to target peaceful protesters instead of prosecuting real threats to national security.
The issue has come to a head amid the ongoing Gen Z-led protests, where youth across the country have taken to the streets demanding transparency, fiscal accountability, and an end to corruption.
Instead of dialogue, the state has responded with a heavy hand — and the ODPP has charged several demonstrators under anti-terrorism laws.
Justice Under Pressure.
According to Article 157 of the Constitution, the ODPP is an independent office, meant to operate free from political influence.
Yet, recent charges filed against protesters suggest a troubling politicization of justice.
Critics say the use of terrorism statutes — designed for serious national threats — against unarmed demonstrators dilutes the law and undermines public trust.
“Terrorism charges aren’t just legal tools; they carry enormous social and international weight,” said a Nairobi-based constitutional lawyer.
“To apply them against citizens exercising protected rights is not only irresponsible — it’s dangerous.”
The Economic Fallout.
The implications extend beyond the courtroom. Kenya’s international image as a stable democracy and regional economic hub is at risk. Investors watch more than GDP — they watch how a country treats its own people.
The branding of peaceful protest as a form of terrorism raises concerns about legal reliability, civic freedoms, and the security of future investment.
“No investor wants to pour money into a system that criminalizes dissent,” said a foreign policy analyst. “It signals instability and institutional decay.”
Global Reputation on the Line.
Kenya is party to numerous human rights conventions, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
These treaties — and Kenya’s own Bill of Rights — guarantee freedoms of assembly, expression, and protest.
The Gen Z-led movement is not an armed rebellion — it is a civic awakening. Attempts to silence it through criminal charges invite international condemnation and could affect diplomatic relations, development aid, and Kenya’s standing in global governance bodies.
A Dangerous Precedent.
The broader concern is what this moment signals about the rule of law in Kenya. When the ODPP is perceived to be acting at the behest of political interests, it erodes the very foundation of constitutional democracy.
“Citizens are not safe when institutions abandon their mandates,” said a rights activist in Mombasa. “What we’re seeing is not law enforcement — it’s state intimidation dressed up in legal language.”
A Call for Institutional Integrity.
If Kenya is to emerge from this democratic stress test intact, legal institutions must reclaim their independence.
The ODPP must focus on actual criminal conduct, not political convenience. Prosecutorial power must never be weaponized against voices of dissent.
The Gen Z protests offer a unique opportunity: to strengthen, not weaken, public institutions; to rebuild trust in government; and to prove that Kenya can listen to its youth without suppressing their rights.
Justice must not serve the powerful — it must protect the powerless.
Peter Mwibanda is a political and legal blogger based in Nairobi. He writes on governance, human rights, and national transformation.
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