NAIROBI, Kenya — Former Chief Justice David Maraga has waded into the rising storm over human rights violations and disregard for court orders under President William Ruto’s administration, reminding Kenyans that while a sitting president enjoys legal immunity, they can still face prosecution once out of 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 during an interview on Spice FM on Wednesday.
The former CJ’s remarks come amid mounting criticism of the Kenya Kwanza government over its response to protests, reports of extrajudicial killings, and a pattern of defying court orders, including the controversial appointment of IEBC commissioners and Cabinet Administrative Secretaries (CASs) — despite court rulings declaring those actions illegal.
Calls for ICC Action Mount
A section of opposition leaders — including Martha Karua, Kalonzo Musyoka, and Eugene Wamalwa — have vowed to file a petition at the International Criminal Court (ICC) seeking to hold President Ruto and senior officials accountable for alleged crimes against humanity stemming from their response to the June 25 youth-led protests.
They accuse the state of orchestrating violent crackdowns, enabling illegal arms transfers, and allegedly forming alliances with militia gangs to quell dissent — both in Kenya and in neighbouring Sudan.
Maraga Decries Slide into Lawlessness
Maraga, who recently declared his bid for the 2027 presidency, warned that Kenya is at risk of sliding into lawlessness if the rule of law continues to be ignored at the highest levels of government.
“We want to take the country back to constitutionalism, so that the Constitution and the law are obeyed by everyone, starting from the top,” said the former CJ. “It sends a message to everyone that the law has to be obeyed.”
Maraga is best remembered for his historic 2017 ruling as Supreme Court President, when he led a majority decision to annul President Uhuru Kenyatta’s re-election — the first such ruling in Africa.
The move earned him praise for judicial independence but also sparked tensions between the Judiciary and the Executive.
Last week, Maraga joined young Kenyans in street protests against police brutality and was reportedly teargassed by officers.
Following the demonstration, his state-assigned security detail was withdrawn, which he termed as political intimidation.
“They started by withdrawing my driver and bodyguards,” Maraga said. “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.”
