Former Chief Justice David Maraga has strongly criticised the government for what he termed the misuse of the criminal justice system to suppress anti-government protests. His remarks follow the arrest and charging of dozens of youth, many of them from the Gen Z movement, with terrorism-related offences, arson, and malicious property damage following demonstrations on June 25 and July 7.
Speaking outside Kahawa Law Courts on Wednesday, Maraga condemned the invocation of the Prevention of Terrorism Act and the involvement of the Anti-Terrorism Police Unit (ATPU) in cases tied to protests. He warned that such actions could erode fundamental constitutional rights such as peaceful assembly and free expression.
“These serious laws should not be applied in a way that undermines the constitutional right to peaceful assembly and expression,” Maraga said.
He appeared in solidarity with the detained youth, attending a court session where a ruling was expected on their bail applications. The court subsequently granted bail, setting bond terms at Sh200,000 or an alternative cash bail of Sh50,000.
Maraga, who has taken a visible stand in support of the protest movement, said the state’s tactics were instilling fear among families and risking arbitrary detention of young people. He urged the court to consider the financial situations of the accused when determining bail.
“We remain firm in supporting Kenyans who voice their concerns against government excesses. Protecting these rights is a constitutional duty,” he added.
Kenya has seen ongoing protests since June 2023, sparked initially by opposition to the Finance Bill, 2024. The demonstrations, largely led by youth, have since evolved to include calls for economic reform, an end to corruption, and justice for victims of police brutality, such as teacher and blogger Albert Ojwang, who died in custody last month.
President William Ruto has defended the government’s firm response, claiming the protests have been infiltrated by criminal elements. Last week, he authorised the police to shoot suspected looters in the legs, a move that has drawn condemnation from human rights defenders.
Maraga’s intervention adds a powerful voice to growing concerns over the erosion of civil liberties in Kenya.
