By Faith Nyabuto
Former Chief Justice David Maraga has urged national leaders to unite and steer Kenya back to constitutionalism, warning that the country is veering dangerously off course.
Maraga emphasized the need for a government anchored in the Constitution, which he described as one of the most progressive in the world.
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“The Kenyan Constitution has an elaborate Bill of Rights and clear laws that must be respected,” he said.
“It is the rule of law for citizens to demonstrate, but government officials disobeyed the law during the protests.”
Maraga stressed that the rule of law must apply to all, “from the head of state to the lowest-ranking official.”
He condemned what he termed as “centres of power that promote impunity and undermine constitutional clarity.”
Maraga called for the three arms of government; Executive, Legislature, and Judiciary to operate independently, noting that underfunding, particularly of the Judiciary, has crippled its effectiveness.
“Last year’s protests could have been avoided if Parliament had listened to the people and amended the Finance Bill,” he added.
Maraga praised the Judiciary’s digitization efforts, which have enabled Kenyans to attend court sessions remotely and allowed lawyers to argue cases from anywhere.
However, he criticized those who repeatedly ignore court summons, warning that such defiance fosters lawlessness.
“Disregard for court orders and constitutional provisions severely undermines the country’s governance,” he said.
Maraga also addressed criticism over his participation in recent demonstrations, which led to the withdrawal of his security detail.
He defended his actions, saying he joined the protests to stand in solidarity with families who lost loved ones and to send a message to leaders that such tragedies must not recur.
“Everyone has a right to protest, as long as it is peaceful,” he affirmed.
He urged police officers to uphold human rights, guide demonstrators peacefully, and protect property, rather than misuse force or act under executive pressure.
Looking ahead to his 2027 presidential bid, Maraga pledged to restore institutional independence, promote merit-based appointments, and ensure fair promotion processes across all levels of public service.
“We must restore dignity, uphold life, and lead by example,” he said.
“Leadership must reflect the values we want to see in our society.”
