‘Protest unrest has political elements’: ex-police spokesperson Owino defends terror charges

Former police spokesperson Charles Owino has weighed in on the State’s handling of recent anti-government protests and the controversial use of terrorism-related charges against demonstrators, including activist Boniface Mwangi.

Mwangi was arrested Saturday and accused by police of “facilitating terror” during the June 25 nationwide demonstrations to honour victims of last year's deadly protests against proposed tax hikes.

They said he would face offences related to “facilitation of terrorist acts and unlawful possession of ammunition,” sparking public uproar amid ongoing anger over the recent levelling of terrorism-related charges against protesters.

Come Monday, however, he was charged with possession of ammunition without a valid firearm certificate.

Speaking on Citizen TV’s Daybreak program on Wednesday morning, Owino defended the move to drop the terror charges, terming it part of the prosecution process.

“I am sure the charges were drafted by the police,” Owino said. “Prosecutors have a right to look at the elements of the offence to decide if they meet the charge per their prosecution standards. If not, they have a right to drop them.”

Critics have expressed concern that State agencies are using heavy-handed legal tactics to intimidate dissenters.

Asked whether the government was weaponizing the law to instil fear and silence protests, Owino responded: “I don’t think so.”

Still, the former police spokesperson said it was important to examine what he sees as political connotations in the current wave of unrest.

“We are used to seeing riots in places like Kisumu, Migori, and Kibera, but this time, they did not come out,” he said.

“It is strange to see riots in places we did not expect, like central Kenya. You can tell there are political elements in these things and people who are hiding behind demonstrations for their political interests.”

While Owino acknowledged the legitimate frustrations driving the protests, including high youth unemployment and police brutality, he warned against allowing violence to become the default means of expression.

“There are issues like unemployment, but we need to have a discussion as a country on whether we want our youth to solve issues through violence or dialogue,” Owino said.

“Two wrongs don’t make a right; if we probably have rogue policemen, let us not have a rogue society,” the former police spokesperson said, noting a need for civic education to promote peaceful expression.

“We need education to discourage the youth from violence and property destruction, so that we do not weaponize the youth and make them feel like the police cannot do anything.”

Following Mwangi’s arrest, DCI claimed they searched his office in Nairobi’s Hurlingham area and found two unused tear gas canisters and a single blank round of ammunition, calling it evidence of Mwangi’s involvement in “acts intended to cause public disorder and fear.”

But during Monday’s arraignment at the Kahawa Law Courts in Nairobi, the charge sheet said Mwangi had been found with three tear gas cannisters.

Mwangi pleaded not guilty and was released on a personal bond of Ksh.1 million. The case is scheduled for mention on August 19.

At the same court last week, 37 youth who were earlier this month charged with terrorism-related offences over the June 25 and July 7 protests were released on a cash bail of Ksh.50,000 or an alternative bond of Ksh.200,000 each.

The Law Society of Kenya and former Chief Justice David Maraga are among those who have taken issue with the pressing of terrorism charges against protesters, terming it a way to suppress dissent.