Former Chief Justice David Maraga has clarified that while sitting presidents in Kenya enjoy legal immunity, they are not beyond prosecution once they leave office. His remarks come as the current administration faces mounting accusations of rights violations, disregard for court rulings, and alleged collaboration with illegal armed groups.
Speaking during an interview with Spice FM on Wednesday, Maraga said:
“You cannot prosecute a sitting president under our current laws. However, once out of office, they become legally accountable just like any other citizen.”
RUTO’S ADMINISTRATION UNDER FIRE
President William Ruto’s regime has been the subject of intense criticism for alleged human rights abuses, extrajudicial killings, and defiance of court orders. The appointment of IEBC commissioners despite a conservatory court order, and the hiring of Chief Administrative Secretaries (CASs) after the High Court declared the positions unconstitutional, have only fueled further concerns.
In response to these alleged violations, some opposition figures are reportedly compiling evidence for submission to the International Criminal Court (ICC) in The Hague. The dossier reportedly accuses the regime of crimes against humanity tied to violent suppression of protests, illegal arms transfers, and enabling atrocities in Kenya and the Sudan.
Notable leaders behind the initiative include Martha Karua, Kalonzo Musyoka, Eugene Wamalwa, Mukhisa Kituyi, Rigathi Gachagua, Saitoti Torome, and Justin Muturi.
MARAGA: KENYA IS SLIDING INTO LAWLESSNESS
Maraga, who has hinted at a possible 2027 presidential bid, condemned what he termed as a creeping culture of impunity within the current government.
“We are watching the rule of law collapse before our eyes. The Constitution must be upheld from the very top — leadership by example. If the law is flouted by those in power, it sends a dangerous message,” he warned.
Maraga is widely remembered for making legal history when, as President of the Supreme Court, he led the annulment of Kenya’s 2017 presidential election — a landmark decision that shook the political landscape and triggered tension between the Judiciary and the Executive.
FROM BENCH TO BARRICADES: MARAGA JOINS YOUTH PROTESTS
In a bold move last week, the former CJ physically joined youth-led demonstrations against police brutality and state repression, where he was reportedly tear-gassed. His involvement resulted in a temporary withdrawal of his security detail.
“They withdrew my driver and bodyguards, including the officer stationed at my gate. Thankfully, the driver has been reinstated, and the gate officer returned yesterday, but I’m still missing one bodyguard,” Maraga told the radio station.
Despite the backlash and alleged intimidation, Maraga remains vocal in championing constitutionalism, judicial independence, and state accountability.
“Our future depends on returning to a system where the Constitution is more than just a document — it must be the foundation of all governance.”
