LSK President Faith Odhiambo at a past function. She said the decision to ascertain one as a criminal is left made by the court and CS Kipchumba Murkomen. Faith Odhiambo X.
The President of the Law Society of Kenya Faith Odhiambo took a swipe against Interior Cabinet Secretary Kipchumba Murkomen remarks in identifying one as a terrorist, maintain that the decision lies within the Court and not government officials.
Speaking during an interview on Citizen TV on Tuesday night, Odhiambo defended the Society recent criticism against their stand on use of terrorism charges on anti-government protesters, which Murkomen a member of the Society sharply condemned.
The CS accused LSK for taking sides with ‘terrorists’ (Gen Z protesters), by challenging the legal and harsh charges against protesters arrested during June 25 anniversary and Saba Saba July 7 protests, which she argued that LSK was acting within the Constitution.
“It is not Murkomen to determine whether someone is a terrorist or not. It is the law and the Judiciary to determine and make that verdict if those people were actually terrorists, if they meet that threshold,” said Odhiambo.
She maintained that the Constitution of Kenya Article 50, provides for one as being innocent until proven guilty, while Article 49 gives an person a right to have a legal counsel, reinforcing that the Society does not support remarks made by the Interior CS.
“Article 50 provides that you are innocent until proven guilty and Article 49 provides that you have a right to legal counsel. At no particular point does the LSK agree to statements made by the CS in his capacity,” she explained.
Murkomen argued that the destruction made by protesters including attacking police officers, burning police vehicles, courts and other government structures amount to one being charged under Terrorism Act.
However, LSK boss cautioned against labelling dissenting voices as terrorists and unnecessary use of the words treason, as such strategies were used earlier under legitimate instances.
“We have seen leaders who are now sitting in Oval Offices being referred to as treasonists, terrorists, as murderous, among the heinous crimes in the country, merely because they had a dissenting voice. Because you call someone a thief does not make them a thief,” she cautioned.
Odhiambo acknowledged that a section of regions witnessed massive violence and chaos, she called on equal application of law, questioning the worrying trend witnessed during trials police collaborating with goons to attack peaceful protesters, and whether they have been arrested.
“We recognise the anarchy that occurred. What LSK is saying is: adopt the same standard. Under Kenyan law, we are equal. We see police walking hand in hand with goons—and the question is: how many police officers have been arrested?” she questioned.
DPP Renson Ingonga, further defending the State against use of Terrorism Act to intimidate opposition leaders and young anti-government protests, stated that terrorism is not only limited to use of guns, but also includes destruction of government installations.
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