Written by Kelly Were
NAIROBI, — June 3, 2025
Former Chief Justice David Maraga has strongly criticized the state for prosecuting software developer Rose Njeri, stating that she should be commended—not criminalized—for promoting public participation in the 2025 Finance Bill.
Speaking during Njeri’s court appearance at the Milimani Law Courts, Maraga described the charges against her as baseless and “laughable,” asserting that the charge sheet did not outline any legally recognized offense.
“Before the proceedings began, we were reflecting on whether Rose should be in the dock or should, in fact, be honored for the remarkable civic service she has performed,” Maraga told Magistrate Geoffrey Onsarigo.
He emphasized that public participation is a constitutional requirement in the legislative process and commended Njeri’s effort to distribute digital copies of the Finance Bill to citizens, enabling them to engage meaningfully with its contents.
“Instead of being hauled to court, Rose should be applauded for doing what Parliament and its committees are mandated to do—facilitating public access to critical legislative documents,” Maraga argued.
He further warned that proceeding with such a defective charge sets a dangerous precedent, allowing authorities to detain citizens for extended periods, only for the case to later collapse, inflicting undue harm on the accused.
Calling the prosecution’s actions an abuse of the judicial process, Maraga urged the court to dismiss the charges and grant Njeri her freedom through a personal bond.
