NAIROBI — Former Chief Justice David Maraga has said that while a sitting president in Kenya is protected from prosecution, the law does not shield them after they leave office.
“You can’t take a sitting president to court. But if he disobeys the law, flouts anybody’s rights, as soon as he leaves office, he can be taken to court,” Maraga said in a candid interview with Spice FM on Wednesday.
His remarks come amid mounting criticism of President William Ruto’s administration over alleged human rights abuses, growing police brutality, and reports of extrajudicial killings. Civil rights groups and political leaders have also raised alarm over what they see as a growing disregard for court rulings.
In recent months, the government has been accused of defying court orders among them, appointing IEBC commissioners despite an active conservatory order, and reviving Chief Administrative Secretary (CAS) roles that had been declared unconstitutional in 2022.
The president’s critics, including opposition leaders Martha Karua and Kalonzo Musyoka, have warned that Kenya is heading towards authoritarian rule. They have joined other public figures in pointing to alleged illegal police actions and even claims of links between the state and armed groups.
Some opposition members say they are preparing to submit a dossier to the International Criminal Court (ICC) in The Hague. The aim is to hold President Ruto responsible for what they describe as crimes against humanity ranging from the violent suppression of protests to arms trafficking and alleged abuses in Sudan.
David Maraga, who led Kenya’s Supreme Court in the historic annulment of the 2017 presidential election, now says the country is at risk of sliding into lawlessness if the Constitution is not respected.
“We want to take the country back to constitutionalism, so that the Constitution and the law are obeyed by everyone, starting from the top,” he said. “It sends a message to everyone that the law has to be obeyed.”
Maraga’s 2017 ruling backed by a four-judge majority found that the Independent Electoral and Boundaries Commission (IEBC) had committed “irregularities and illegalities” that compromised the credibility of the presidential vote. It marked the first time a court in Africa had nullified a presidential election.
Tensions between the Judiciary and Executive escalated after the court ordered a re-run, which Uhuru Kenyatta went on to win.
Now, the former CJ is once again making headlines this time on the streets. Last week, he joined youth-led protests against police killings and alleged state repression. He was tear-gassed during the march and later reported that his government-provided security had been withdrawn.
“They started by withdrawing my driver and bodyguards,” he told Spice FM. “So far, my driver has been reinstated, but one bodyguard is yet to come back. They also took away the security officer at my gate, but that was restored yesterday.”
Maraga, who has declared his intention to run for president in 2027, says the intimidation won’t silence him.
“We must speak out,” he said, “or this country will break.”
