NAIROBI, Kenya – Former Chief Justice David Maraga has issued a sobering assessment of Kenya’s current trajectory, warning that the country is veering dangerously close to becoming a failed state due to escalating political repression, economic instability, and what he describes as a collapse in constitutional order.
Speaking during an interview on K24 on Sunday night, Maraga expressed grave concern over the government’s handling of recent anti-government protests and the erosion of civil liberties, warning that urgent corrective action is needed to prevent national collapse.
“Look at what is happening in the country. We are getting into a failed state,” Maraga said. “There is a political and economic crisis in the country that needs to be addressed squarely.”
Crackdown on Protesters
The former CJ criticised the violent suppression of protests that have rocked the country in recent weeks, triggered by frustrations over rising living costs, corruption, and perceived state overreach.
He accused President William Ruto’s administration of systematically undermining constitutional protections — particularly the right to peaceful assembly under Article 37 of the Constitution — by responding to demonstrators with excessive force and criminalizing dissent.
“We have never heard in a democratic state where the right to picket, which is in the Constitution, is clamped upon, and those who are picketing— instead of addressing their issues — you want to silence them,” he said.
Maraga’s remarks come amid mounting outrage over the use of anti-terrorism laws to charge young protesters, with nearly 200 Gen-Z demonstrators now facing terrorism-related offences, some without access to legal representation or fair bail terms.
“You know terrorism is a very serious offence… most times involving explosives. What explosives did these people have? What weapons did they have? Nothing at all,” Maraga noted. “Instead of dealing with isolated acts of arson or destruction through the Penal Code, they are being treated as terrorists. That is an abuse of law.”
Condemns Ruto’s ‘Shoot-to-Maim’ Directive
The former CJ also took sharp aim at President Ruto’s controversial July 9 directive to police to shoot protesters in the legs if they damage property — a statement that has sparked both domestic and international backlash.
“Even if it doesn’t end in fatality, a president to order the shooting of people?” Maraga questioned. “How many people have been shot in the leg and have died? We have not heard in a peaceful state—or any state for that matter—a president issuing such orders.”
President Ruto’s remarks were in response to violent incidents during the protests, where some demonstrators were accused of burning businesses and public infrastructure.
He defended his position by saying those engaging in destruction should be “hospitalised, then taken to court,” but insisted they should not be killed.
Human rights groups, including Amnesty International and the United Nations Human Rights Office, have condemned the directive and the broader use of force during the demonstrations.
A state-run oversight body confirmed at least 31 people were killed during last Monday’s protests alone.
Opposition Accuses State of Sponsoring Violence
Opposition leaders, including former Prime Minister Raila Odinga, have accused the government of escalating the unrest by deploying unmarked police vehicles and sponsoring armed gangs in opposition strongholds.
On July 8, the opposition announced plans for a nationwide boycott of businesses linked to President Ruto’s allies, citing state-sponsored brutality and extrajudicial killings.
“Kenya Is In Peril”
Maraga’s warning comes at a time when faith in institutions appears to be waning, and political divisions are deepening.
His voice adds to the growing criticism from legal experts, civil society, and international observers concerned about Kenya’s democratic backsliding.
“The Judiciary is the last hope for justice. It must stand firm and resist being used to legitimise illegal actions. Kenya is in peril — but it is not too late to reverse course,” Maraga concluded.
