MP Mukunji sues IG Kanja, DCI Amin, DPP Ingonga for misuse of Anti-Terror law to crush gov’t critics

The lawsuit, filed at the High Court in Milimani, alleges a politically motivated campaign by the government to silence dissent by weaponising the Prevention of Terrorism Act and seeks to have the case dismissed.

Mukinji claims his recent arrest alongside journalist James Ikuwa Mbochi and boda boda rider Stanley Mbuthia Wanjiru was an abuse of process aimed at punishing him for criticising the government.

According to the court documents, the three petitioners argue their case is part of an "alarming trend" where state agencies are misusing the anti-terror law to target government critics and Kenyans associated with the recent Gen-Z protests.

The petition details Mukunji's arrest on July 7, 2025, when over 40 police officers apprehended the MP on the Thika Superhighway on his way to Nairobi. He had offered a lift to Mr Mbochi, who was covering the "Saba Saba" protests.

The petition said boda-boda rider Mbuthia was arrested as he followed the police after arresting the MP 'out of concern.'

“That as they were driving, they were arrested along the said Thika Superhighway at Toll area within Juja Sub-County by a contingent of approximately 40 Police Officers in several vehicles who then took them to Kibii Police Station within Juja Sub-County,” the petition reads.

“That the 3rd Petitioner witnessed the said dramatic arrest and out of concern, followed the said contingent to the said police station on his motorcycle, and the said police officers noticed him trailing them and arrested him,” he claims.

The trio was taken to Kahawa Law Courts, where the state said they were investigating them over charges of "Collection and Provision of property for commission of terrorist acts" and sought to detain them for 14 days.

The court denied the state's request and granted them bail.

At the core of the petition are a series of constitutional violations, including:

Abuse of Prosecutorial Power: Using the Prevention of Terrorism Act for political machinations, contrary to its intended purpose.

“That the Petitioners herein are alive to this emerging and alarming trend where persons arrested in relation to the Constitutionally allowed activity of protesting are now charged with crimes under the Prevention of Terrorism Act,” reads the petition.

“That this abuse of the specialised act, like the Prevention of Terrorism Act, has attracted the ire of Kenyans and brought alive a similar use of the Public Order Act during the second liberation struggle to curb political dissent and silence government critics.”

The legislator, journalist and rider are asking the High Court to declare their arrest and intended prosecution unconstitutional and to issue an order prohibiting the state from charging them under the Prevention of Terrorism Act in connection with the protests.

The petitioners are also seeking damages for malicious prosecution, emotional trauma, and the unconditional release of their confiscated digital devices.