Former Chief Justice David Maraga has confirmed what many have wondered: in Kenya, a president cannot be tried while in office – but once they step down, the law catches up.
In an interview with Spice FM on Wednesday, Maraga said a sitting president enjoys immunity. “You can’t take a sitting president to court. But … as soon as he leaves office, he can be taken to court,” he explained.
The timing of his remarks is telling. President William Ruto is facing growing criticism over alleged human rights abuses -including police brutality, extrajudicial killings, and murky ties with militia groups. The government is also accused of ignoring court rulings on appointments, particularly relating to IEBC commissioners and chief administrative secretaries.
Opposition figures -Martha Karua, Kalonzo Musyoka, Eugene Wamalwa, Mukhisa Kituyi, and others -are gathering evidence to present to the International Criminal Court in The Hague. They accuse Ruto’s administration of crimes against humanity, extending deep into Kenya and as far as Sudan.
Maraga, who has indicated he may run for president in 2027, voiced concern over the erosion of Kenya’s legal foundations. “We want to take the country back to constitutionalism… so that… the law is obeyed by everyone, starting from the top,” he told Spice FM.
Maraga’s former judgements lend credence to his stance. In 2017, he led a Supreme Court majority that nullified then-President Uhuru Kenyatta’s election due to “irregularities and illegalities,” marking the first time an African court had overturned a presidential vote.
Last week, Maraga joined youth-led protests against police brutality in Nairobi. He was tear‑gassed and later had much of his security detail withdrawn – though some guards have been reinstated. “So far, my driver has been reinstated, but one bodyguard is yet to come back,” he said.
He called the security changes a form of state intimidation. “They started by withdrawing my driver and bodyguards… They also took away the security officer at my gate, but that was restored yesterday,” he added.
Ruto’s camp has not yet responded to Maraga’s comments. But his views, backed by legal precedent and growing public unease, are adding fresh momentum to calls for accountability. Whether the president remains beyond reach for now, the former CJ is clear: once his term ends, justice can begin.
