NAIROBI, Kenya, Jul 16 – Former Chief Justice David Maraga has accused President William Ruto’s administration of weaponizing the criminal justice system to intimidate and silence dissent, as the government cracks down on youth involved in recent anti-government protests.
Maraga made the remarks in a statement on Wednesday after appearing at Nairobi’s Kahawa Law Courts in solidarity with several youths arrested during the June 25 protests in Gilgil and other areas.
The ex-CJ condemned what he termed the “reckless” and unjustified application of the Prevention of Terrorism Act in charging the protesters.
He decried the involvement of the Anti-Terrorism Police Unit (ATPU) in protest-related arrests.
“Ruto’s government is clearly weaponizing the criminal justice system to terrorize the arrested youth and their families,” Maraga said.
“The reckless use of the Prevention of Terrorism Act and ATPU is a violation of—or a significant threat to—Kenyans’ freedom of assembly and expression, the right not to be arbitrarily detained or denied bail, and the right to freedom and security of the person.”
The former CJ, who led a team of lawyers during the court appearance, urged the Judiciary to remain impartial and to uphold constitutional safeguards.
Plea for lenient bond terms
He pleaded with the court to consider the economic hardships faced by the arrested youth, most of whom he said have irregular incomes.
The court granted varying bail and bond terms across three related cases—ranging from a bond of Sh200,000 to a cash bail of Sh50,000.
Maraga reiterated his support for Kenyans protesting what he described as the “excesses of a regime that has lost legitimacy,” adding that the right to peaceful assembly must be protected at all costs.
“We shall not relent in protecting the right to peaceful assembly as guaranteed by the Constitution,” he declared.
The former Chief Justice’s remarks add to growing criticism from civil society, legal experts, and human rights organizations over the state’s heavy-handed response to nationwide protests, largely led by Gen Z youth demanding better governance and accountability.
Arson
Maraga’s sentiments come a day after eight key suspects linked to the July 3 arson attack on Mawego Police Station in Rachuonyo North Sub-County appeared at the Kahawa Law Courts.
Police had detained suspects—Kennedy Oluoch Oluoch, Nicholas Otieno, Tofiq Owiti Mohamed, Michael Omondi Opiyo, David Bill Clinton Otieno, Robert Ouko Abala, Samuel Ouma Odhiambo, and Erick Obunga Osumba— under custodial orders issued by the Oyugis Law Court.
Police re-arrested them on July 14, following the closure of the miscellaneous application, and subsequently transferred to the Anti-Terrorism Police Unit (ATPU) headquarters in Nairobi for arraignment under the Prevention of Terrorism Act No. 30 of 2012, along with additional offenses under the Penal Code.
At the Kahawa Law Courts, the public prosecutor charged the suspects on three counts; Commission of a terrorist act, contrary to Section 4(1) of the Prevention of Terrorism Act (POTA); arson, contrary to Section 332 of the Penal Code; and malicious damage to property, contrary to Section 339 of the Penal Code.
All the suspects pleaded not guilty to the charges.
