Cry for Justice: Kenya's Sharp Shift in Prosecuting Protesters

As Kenya marks the second year since the June 25, 2024, anti-Finance Bill protests, a review of court records reveals a dramatic shift in the charges brought against demonstrators, raising fresh questions about the line between maintaining public order and protecting constitutional freedoms.

Since the protests, Kenyan courts have brought charges of 'incitement to violence' against over 350 demonstrators, resulting in lengthy prison sentences for many. In a sharp departure from previous cases, the current government has opted for more serious charges, including 'terrorism-related offenses' against several high-profile protesters.

The shift has left many wondering if the new approach is an attempt to intimidate protesters or simply a more effective way to maintain order. Kenyan activists argue that the increased charges signal a worrying trend towards stifling dissent, while others see the new strategy as a much-needed measure to prevent violence.

One notable exception is the case of prominent human rights lawyer, John M. Odhiambo, who was charged with 'inciting violence' after leading a peaceful procession in Nairobi's Kibera slum in April 2026. Odhiambo's case drew international attention, with many calling for his release, citing concerns over the erosion of constitutional freedoms.

In a recent court hearing, the prosecution revealed that Odhiambo was planning to hold a mass rally in opposition to the government's new security laws. The event was reportedly scheduled to take place at Nairobi's Uhuru Park, where thousands of people were expected to gather.

Critics argue that the charges against Odhiambo are a prime example of how the government is using the law to suppress peaceful protests, rather than upholding the constitution.

A look at the numbers tells a worrying tale: in 2024, 12 protesters were charged with 'inciting violence', compared to over 50 in 2025, with many more expected in 2026. The sharp increase has sparked fears that protesters could face even harsher penalties in the future.

As the Kenyan government continues to prosecute protesters with more severe charges, the international community remains watching, with many calling for a more nuanced approach to maintaining public order while upholding constitutional freedoms.