Law Society of Kenya (LSK) President Faith Odhiambo has strongly opposed comments made by Interior Cabinet Secretary Kipchumba Murkomen, insisting that only the courts have the legal authority to decide who is a terrorist.
Her statement was made during an interview on Citizen TV’s The Explainer Show, where she explained that LSK’s recent criticism of the government was meant to defend constitutional rights, not to side with criminals.
This was in response to Murkomen, who had accused the LSK of siding with “terrorists” for questioning the terrorism charges brought against young people arrested during anti-government protests.
Odhiambo made it clear that the law must be followed and no one, not even a Cabinet Secretary, has the power to make such determinations without due process.
“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 the lawyers’ body boss.
She reminded Kenyans that Article 50 of the Constitution guarantees the right to be presumed innocent until proven guilty, and Article 49 guarantees the right to legal representation.
According to Odhiambo, these rights cannot be ignored just because of the government’s political position or frustration with public demonstrations.
She also rejected the suggestion that the LSK was in support of violence or lawlessness. Instead, she argued that the society was calling for the application of the law in a fair and balanced way, especially in times of unrest.
“At no particular point does the LSK agree to statements made by the CS in his capacity,” she said.
Odhiambo also raised concerns over the use of heavy and dangerous terms such as “terrorist” or “treasonist” to describe protestors.
She warned that such language has been used in the past to suppress dissent and silence people fighting for justice.
“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 noted.
Her message was clear, accusing people without trial only leads to injustice and abuse of power.
While she admitted that not all the recent protests were peaceful, with reports of anarchy and destruction, she insisted that justice must still be applied fairly.
The law, she said, should not only be used against civilians while ignoring wrongdoing by state officers. “We recognise the anarchy that occurred… What LSK is saying is: adopt the same standard. Under Kenyan law, we are equal,” she stated.
Odhiambo further questioned the police’s role during the protests, asking why no officers had been arrested despite reports that some were seen working closely with violent groups.
“We see police walking hand in hand with goons and the question is: how many police officers have been arrested?” she asked.
Her comments come at a time when the government’s reaction to demonstrations is under close scrutiny, with critics accusing it of using the law to shut down any opposition.
Odhiambo’s position has added weight to the growing concern that the rights of protesters are being ignored and that state institutions are being used to punish rather than protect.
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