NAIROBI — Former Chief Justice David Maraga has sharply criticized President William Ruto’s administration for using terrorism laws to prosecute youth involved in recent anti-government protests, calling the move “reckless” and unconstitutional.
Former CJ Maraga appeared Wednesday at Kahawa Law Courts, leading a team of defense lawyers representing protestors arrested during the June 25 demonstrations in Gilgil and other towns. The protests were part of a larger nationwide movement led by Gen Z citizens demanding better governance.
In a strongly worded statement outside the court, Maraga said, “The government is weaponizing the criminal justice system to terrorize arrested youth and intimidate their families. This is a serious threat to the right to peaceful assembly.”
He condemned the decision to apply the Prevention of Terrorism Act and involve the Anti-Terrorism Police Unit (ATPU) in what he described as “routine protest arrests.”
“There is no legal basis to treat unarmed demonstrators as terrorists,” he added. “This conduct violates constitutional rights, including the freedom of expression, protection from arbitrary detention, and access to bail.”
The former chief justice urged the judiciary to exercise independence and resist political pressure, particularly when handling politically sensitive matters. He also appealed for lenient bond terms, citing the financial struggles faced by most of the accused.
The court issued mixed bail decisions across three related cases, with bonds ranging from KSh200,000 to cash bail set at KSh50,000.
David Maraga reaffirmed his support for peaceful protests, stating, “We will not stop defending Kenyans’ right to demonstrate. The Constitution must be respected.”
His comments come amid growing public backlash against the government’s use of anti-terrorism laws to charge protesters. Civil rights groups, lawyers, and international observers have also raised alarms over the state’s heavy-handed response to the demonstrations.
On Tuesday, eight individuals were charged in connection with the July 3 arson attack on Mawego Police Station in Rachuonyo North. They were arrested following the destruction of the station during a protest and brought to Kahawa Law Courts after being held under custody orders from Oyugis Law Court.
The suspects ;Kennedy Oluoch Oluoch, Nicholas Otieno, Tofiq Owiti Mohamed, Michael Omondi Opiyo, David Bill Clinton Otieno, Robert Ouko Abala, Samuel Ouma Odhiambo, and Erick Obunga Osumba were re-arrested on July 14 and transferred to ATPU headquarters in Nairobi.
Prosecutors charged the group with three counts: committing a terrorist act under Section 4(1) of the Prevention of Terrorism Act, arson under Section 332 of the Penal Code, and malicious damage to property under Section 339. All eight pleaded not guilty.
According to court documents, the state intends to rely on surveillance footage, eyewitness accounts, and forensic reports to support the charges. Defense attorneys argue the charges are excessive and meant to silence opposition.
The crackdown follows weeks of unrest, with young Kenyans taking to the streets over tax hikes, unemployment, and allegations of government mismanagement. The protests, although mostly peaceful, have seen isolated incidents of violence and property damage.
Maraga’s public rebuke adds to mounting pressure on the Ruto administration to justify its approach to dissent and uphold the constitutional rights of citizens.
“The misuse of anti-terror laws must stop,” Maraga said. “These are young people asking for a better future not enemies of the state.”
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