Former Chief Justice David Maraga has clarified that while a sitting president in Kenya cannot be prosecuted, they can face legal action once they leave office. Speaking during an interview with Spice FM on Wednesday, Maraga said that immunity from prosecution does not extend beyond a president’s term, especially in cases involving rights violations and unlawful acts.
“You can’t take a sitting president to court,” he noted. “But if he disobeys the law, flouts anybody’s rights, as soon as he leaves office, he can be taken to court.”
Maraga’s remarks come amid growing criticism of President William Ruto’s administration over alleged human rights abuses, police brutality, and defiance of court orders. Ruto’s government has been accused of extrajudicial killings, enabling militia activity, and making unconstitutional appointments, including the hiring of Chief Administrative Secretaries (CASs) and IEBC commissioners despite court rulings barring such actions.
Several opposition figures, including Martha Karua, Kalonzo Musyoka, Eugene Wamalwa, and Mukhisa Kituyi, claim they are compiling evidence to present to the International Criminal Court (ICC), citing alleged crimes against humanity and the government’s harsh crackdown on peaceful protests.
Maraga, who has declared interest in the 2027 presidential race, decried Kenya’s current trajectory, warning that continued disregard for the law could push the country into anarchy. “We want to take the country back to constitutionalism, so that the Constitution and the law are obeyed by everyone, starting from the top,” he said.
A respected jurist, Maraga made history in 2017 by leading a Supreme Court majority decision to annul the presidential election won by then-President Uhuru Kenyatta, a landmark ruling that bolstered judicial independence in Kenya and across Africa.
The former CJ has recently taken an active role in civil society, participating in last week’s youth-led protests against police violence. He was tear-gassed during the demonstrations, and later revealed that his state-provided security had been withdrawn. “They started by withdrawing my driver and bodyguards,” he told Spice FM. “So far, my driver has been reinstated, but one bodyguard is yet to come back.” He also confirmed that gate security at his residence had since been restored.
Maraga described the withdrawal as state intimidation, adding that such tactics only underscore the growing threats to constitutional governance in the country.
Written By Rodney Mbua
