Former Chief Justice David Maraga has stated that under Kenyan law, a sitting president cannot be prosecuted while in office, but legal proceedings can commence once they vacate power. Speaking in an interview with Spice FM on Wednesday, Maraga emphasized that constitutional safeguards do not shield a president from future accountability if they break the law during their term.
This comes amid rising criticism of President William Ruto’s administration over alleged human rights violations, including police brutality, extrajudicial killings, and alleged illegal collaborations with militia groups. The government has also been faulted for ignoring court orders, such as the controversial appointment of IEBC commissioners despite a conservatory order, and the continued existence of Chief Administrative Secretary (CAS) roles declared unconstitutional by the courts in 2022.
“You can’t take a sitting president to court. But if he disobeys the law, flouts anybody’s rights, as soon as he leaves office, he can be taken to court,” Maraga asserted.
Several opposition leaders, including Martha Karua, Kalonzo Musyoka, Eugene Wamalwa, and Mukhisa Kituyi, have indicated plans to submit evidence to the International Criminal Court (ICC) linking President Ruto to alleged crimes against humanity. They cite the state’s handling of street protests and alleged involvement in illegal arms deals connected to regional conflicts in Sudan.
Maraga, who has hinted at contesting the presidency in 2027, decried the current administration’s disregard for constitutionalism and warned that continued erosion of the rule of law could push Kenya into anarchy. “The Constitution must be obeyed by everyone, especially from the top. It sends a message that no one is above the law,” he stressed.
Maraga, known for his landmark 2017 Supreme Court decision that annulled President Uhuru Kenyatta’s election, recently joined youth-led protests against state brutality. He was tear-gassed during demonstrations, and his security was temporarily withdrawn. While his driver and gate security have since been reinstated, one of his bodyguards remains absent.
The former CJ has accused the state of intimidation, insisting that silencing dissent only weakens democracy and undermines justice.
