MANYATTA: The High Court has declined to issue interim orders sought by Manyatta MP John Gitonga Mwaniki Mukunji and two others to block their potential prosecution under the Prevention of Terrorism Act (POTA), dealing a setback to their bid for temporary legal protection.

The MP, along with journalist James Ikuwa Mbochi and boda boda rider Stanley Mbuthia Wanjiru, had filed a petition seeking conservatory orders to stop their arrest and prosecution, arguing that the state was misusing anti-terrorism laws to target them for their political views and expression.

Appearing before Justice Bahati Mwamuye on Wednesday, their lawyer Elijah Mwangi argued that the charges under POTA were inconsistent with the law’s purpose and aimed at stifling dissent. He asked the court to issue orders barring their prosecution and empanel a bench to hear the constitutional questions raised.

“We will be seeking conservatory orders preventing charging of the petitioners because charges are themselves at cross purposes with the actual purpose of the Prevention of Terrorism Act,” Mwangi told the court.

However, the application faced strong opposition.

Lawyer Patrick Barasa, acting for the first and second respondents, argued that no formal charge sheet had been filed and therefore it was premature to seek such orders. He questioned the legal basis of halting a prosecution that hadn’t formally commenced.

Lawyer Maatwa, representing the Director of Public Prosecutions (DPP) as the third respondent, also raised procedural concerns, saying the investigation file had not yet been submitted to the DPP. He added that the petitioners had failed to disclose other ongoing legal matters involving them and provided no evidence of an imminent threat to their liberty.

In response, Mwangi insisted that his clients faced credible threats of arrest and had attached documents indicating efforts to detain and prosecute them under POTA. He stressed that delaying protective orders could result in the violation of his clients’ rights to political participation and freedom of association.

Despite the arguments, Justice Mwamuye ruled against the petitioners, declining to issue the conservatory orders sought.

“I have looked at Prayer 2… it is something I will not be granting today. However, if circumstances change, the applicants are at liberty to file, if need be,” ruled the judge.

The case will proceed with parties directed to file further submissions by September 11, 2025, during a session that will focus on highlighting key constitutional and legal issues raised in the petition.

The petitioners argue that the allegations against them reflect a broader pattern of misapplication of anti-terrorism laws in situations unrelated to national security, and are instead being used to suppress dissent and silence critics.