By Ongaga Ongaga
Former Chief Justice David Maraga has condemned “unlawful policing” during last week’s Gen Z memorial procession in Nairobi, accusing security agencies of using excessive force, concealing officers’ identities and violating constitutional rights.
In a statement issued on Sunday, Maraga expressed concern over what he described as a growing pattern of unaccountable security operations, saying the conduct of some officers was undermining the rule of law.
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“Kenya is watching a dangerous pattern,” Maraga said.
“Across the country, security forces have conducted operations in which officers conceal their identities, deploy excessive force, and act in ways that make accountability impossible.”
The former Chief Justice argued that policing should protect citizens rather than intimidate them, warning that officers who hide their identities during operations erode public trust and constitutional safeguards.
“Policing is a public duty, not a licence for violence,” he stated. “When officers hide their identities while carrying out state operations, they do not protect the public. They undermine the constitutional order they are sworn to uphold.”
Maraga’s statement follows the June 25 procession in Nairobi held to commemorate people who lost their lives during the Gen Z protests over the past two years.
He claimed that participants in the peaceful march were violently dispersed and that several people were arrested.
According to Maraga, some of those arrested were later released with allegations that they had been tortured while in police custody.
He also raised concerns over the whereabouts of activist Davis Lichuma, whom he said remains missing.
“We demand his production immediately,” Maraga said.
The former Chief Justice questioned why citizens exercising their constitutional right to peaceful assembly were allegedly met with force despite following the legally required notification procedures.
“The constitutional right to peaceful assembly is not a privilege extended selectively by those in power,” he said. “Kenyans cannot be treated differently depending on who they are or what they are protesting against.”
Maraga further called on President William Ruto to provide a public explanation regarding the conduct of security agencies during the demonstrations.
He also issued a series of demands to Inspector-General of Police Douglas Kanja, including ensuring that all officers deployed in public operations are clearly identified, establishing and publicly communicating command responsibility for public order operations, and guaranteeing respect for the right to peaceful assembly.
Maraga additionally called for an accounting of all persons reported missing following last week’s procession, with particular emphasis on establishing the whereabouts of Lichuma.
“We cannot normalise masked violence or the use of force against citizens exercising their rights,” he said. “Our country must be governed by law, not fear.”
The National Police Service had not responded to the allegations contained in Maraga’s statement by the time of publication.
