Manyatta MP Gitonga Mukunji has filed a high-profile petition at the Milimani High Court against Kenya’s top security and prosecution officials, alleging political persecution following his arrest during the July 7 Saba Saba protests. Named in the suit are Inspector General of Police Douglas Kanja, DCI Director Mohamed Ibrahim Amin, and DPP Renson Ingonga.

The petition, jointly filed by Mukunji, journalist James Ikuwa Mbochi, and boda boda rider Stanley Mbuthia Wanjiru, claims the state is weaponising the Prevention of Terrorism Act to silence government critics. The trio was arrested in dramatic fashion by over 40 police officers along Thika Superhighway as they traveled to Nairobi — allegedly due to Mukunji’s support for the Gen-Z-led protests and criticism of the government.

“This is part of an alarming trend where state agencies are misusing anti-terror laws to target dissenting voices,” the petition states.

According to the filing, Mr. Mbuthia was apprehended after following the police convoy out of concern for the MP’s arrest, a move the petition describes as further evidence of excessive force and state intimidation.

The petitioners were presented at Kahawa Law Courts, where the state sought to detain them for 14 days under anti-terrorism provisions for alleged “collection and provision of property for commission of terrorist acts.” The court, however, denied the detention request and released the trio on bail.

At the heart of the petition are claims of constitutional violations, including:

• Abuse of Prosecutorial Power: Using anti-terror legislation for politically motivated arrests.
• Violation of the Right to Protest: Targeting individuals participating in constitutionally protected demonstrations.
• Malicious Prosecution and Emotional Harm: Including psychological trauma and unlawful seizure of digital devices.

“This abuse of the Prevention of Terrorism Act echoes past misuse of the Public Order Act during the second liberation struggle,” the petition reads.

The petitioners are seeking a declaration that their arrest and pending prosecution are unconstitutional, an order barring the state from using anti-terrorism charges against them in relation to peaceful protests, and compensation for malicious prosecution and trauma. They are also demanding the return of confiscated digital devices without conditions.

The case highlights growing concerns among civil society and lawmakers over the alleged criminalization of protest and state overreach under Kenya’s current political climate.