Activist’s Ammunition Charges Test Kenya’s Rule of Law

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Boniface Mwangi’s arrest and subsequent bail hearing in Nairobi has once again placed Kenya’s legal system under intense scrutiny. Charged on 21 July 2025 with unlawful possession of ammunition and teargas canisters, the renowned human rights activist now faces allegations that stretch beyond mere regulatory breaches and strike at the heart of dissent and governance in the country.

The charges stem from events earlier this year, as violent protests erupted across Kenya following the custodial death of blogger Albert Ojwang. Authorities seized from Mwangi’s home three unused teargas canisters, a blank 7.62 mm ammunition round, a laptop, mobile phones and notebooks, prompting charges that include possession of a noxious substance and unauthorised ammunition. Prosecutors also initially suggested a link to facilitating terror acts, intensifying fears of politically motivated legal pressure.

In court, the auditorium overflowed with supporters wielding national flags, while Mwangi firmly rejected the accusations, insisting they were “baseless” and an attempt to tarnish his reputation. His release on bail offered a temporary reprieve, but his defence team was quick to condemn the charges as part of a broader pattern of state intimidation against critical voices, invoking previous allegations that he was tortured and sexually assaulted by Tanzanian security forces.

This courtroom showdown unfolds amid an unsettling backdrop: youth-led demonstrations since June 2025 have been met repeatedly with police force, resulting in dozens of deaths and numerous arrests. In this high-stakes environment, the charge sheet against Mwangi carries implications far beyond possession offences. Human rights groups, including Amnesty International and the Kenya Human Rights Commission, have decried the move as a “trumped-up” misuse of anti-terror legislation intended to quell legitimate dissent.

As Kenya’s judiciary prepares for further proceedings, this case is shaping up as a landmark test of legal independence. Will the courts uphold civil liberties and resist political overreach, or will they acquiesce to executive pressure that seeks to restrict protest rights under fear of terrorism? The verdict may well define the boundaries of lawful activism and the sanctity of constitutional freedoms in this increasingly fragile democracy.

Legal Insider