Former Chief Justice David Maraga has launched a fierce attack on President William Ruto’s administration, accusing it of pushing through a wave of “draconian and illegal” laws that threaten Kenya’s democratic foundation. In an unflinching speech that has since stirred nationwide debate, Maraga warned that the government’s growing disregard for constitutional principles and due process signals a dangerous return to the authoritarian politics that the country fought so hard to leave behind.
His remarks, delivered before an audience of legal scholars, clergy, and students, were more than just a critique they were a rallying call for citizens to defend the Constitution from what he described as “state capture by legislation.”
Highlights
- David Maraga accuses Ruto’s administration of undermining Kenya’s 2010 Constitution.
- He labels several recently passed laws as “draconian” and “unconstitutional.”
- The former Chief Justice warns of creeping authoritarianism through legislation.
- Government allies dismiss his remarks as politically motivated.
- Civil society leaders back Maraga, calling for vigilance and judicial review.
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Standing before a packed auditorium at a governance forum in Nairobi, David Maraga the man who once led Kenya’s highest court did not mince his words. With the same firmness that defined his years on the bench, he accused the current administration of “systematically eroding constitutionalism under the guise of reform.”
According to Maraga, several recent laws passed by Parliament and signed by the President have ignored key constitutional safeguards, restricted public participation, and expanded executive control over independent institutions.
“The Constitution is not a suggestion. It is the supreme law of this land,” he said. “When leaders begin to treat it as an inconvenience, we are heading toward darkness.”
His address lasted nearly an hour a calm but cutting indictment of what he described as the re-centralization of power, a trend he believes directly contradicts the spirit of Kenya’s 2010 Constitution.
While Maraga avoided naming individual statutes, his criticism appeared directed at a set of controversial new laws recently enacted by the Ruto government.
Among them are bills that restructure public service appointments, tighten surveillance powers for state agencies, and revise sections of the Public Order Act to impose stricter controls on public gatherings.
Legal analysts have pointed out that these laws collectively expand the executive’s influence, blur the lines of accountability, and weaken the autonomy of oversight bodies such as the Judiciary and independent commissions.
To Maraga, such legislative overreach represents “a direct attack on the principle of separation of powers.”
“Democracy dies not with a bang, but with a pen stroke one law after another, all in the name of efficiency and reform,” he warned.
This is not the first time Maraga has clashed with the executive branch. During his tenure as Chief Justice, he famously led the Supreme Court in nullifying the 2017 presidential election, a ruling that drew both admiration and fury. That moment cemented his reputation as a jurist unafraid to confront political power.
Now, years later, his latest remarks rekindle that defiant spirit. Maraga reminded the audience that Kenya’s democracy was not gifted — it was earned through struggle, loss, and resilience.
“The Constitution was born out of pain. Many suffered to ensure that no single leader would again wield unchecked power. It is our duty to guard that legacy,” he said.
Maraga’s speech carried echoes of the past a reminder of the days when government decrees went unchallenged, dissent was silenced, and courts were tools of the regime.
He cautioned that Kenya’s growing tolerance for executive dominance could undo decades of progress. “When leaders start ruling by decree, when Parliament rubber-stamps questionable bills, when the Judiciary is intimidated into silence then freedom is no longer guaranteed,” he said.
Maraga lamented that institutions once celebrated for independence are now under pressure to align with political interests. He accused certain state officers of “forgetting that their loyalty is to the Constitution, not to the President.”
Civil society groups have since echoed Maraga’s warning, saying the former Chief Justice has merely voiced what many Kenyans already fear that the government is tightening its grip on democratic space.
Activists and lawyers’ associations have criticized what they describe as a pattern of rushed lawmaking, where major policy shifts are pushed through Parliament without sufficient public debate.
Some pointed to the Finance Act’s wide-ranging economic implications and new data surveillance regulations, warning that such policies give the executive sweeping control over citizens’ private lives and finances.
“We are witnessing legislative authoritarianism not through coups or censorship, but through carefully worded laws that strip away freedoms bit by bit,” one human rights lawyer said during a televised discussion.
Officials within President Ruto’s administration have dismissed Maraga’s comments as exaggerated and misleading. Government spokespersons argue that the new laws are intended to modernize governance, eliminate inefficiency, and protect public resources.
One senior aide to the President stated that all legislative changes undergo full parliamentary scrutiny and adhere to constitutional requirements. “The former Chief Justice is entitled to his opinion, but these are reforms, not repression. We are making government work for the people,” he said.
Despite the government’s reassurance, public skepticism remains high especially among those who see echoes of past administrations that used “reform” as a cover for political consolidation.
Maraga’s remarks have also reignited an ongoing debate about the independence of the Judiciary. Critics accuse the executive of using budgetary control, public attacks, and strategic appointments to exert influence over the courts.
Although the current Chief Justice, Martha Koome, has maintained that the Judiciary remains independent, murmurs of quiet discontent persist among judges who feel sidelined or pressured.
Maraga alluded to this dynamic, warning that the erosion of judicial autonomy is “the first sign of constitutional decay.” He emphasized that once the Judiciary loses its power to check the executive, “no law, no citizen, and no freedom is safe.”
Public reaction to Maraga’s statement has been deeply polarized.
Supporters of the former CJ view him as a courageous voice speaking up against creeping autocracy. They hail his stand as a moral reminder of the limits of power and the duty of every citizen to defend the rule of law.
However, Ruto’s loyalists accuse him of seeking relevance and politicizing legal discourse. Some legislators allied to the ruling coalition have dismissed him as “a retired judge turned activist.”
But even among the government’s supporters, there is growing recognition that public confidence in lawmaking has weakened and that Maraga’s warning, though uncomfortable, reflects a deeper public unease.
Maraga’s words land at a critical moment for Kenya a nation balancing rapid reforms with the delicate task of preserving constitutional order. The government insists its legislative agenda is focused on efficiency, economic recovery, and accountability.
But to many observers, efficiency without accountability is a dangerous path. They warn that in the name of progress, Kenya could slide back into a culture of unchecked executive power a place it vowed never to return to after 2010.
The 2010 Constitution remains one of the most progressive charters in Africa, built on decentralization, transparency, and public participation. Yet, as Maraga pointed out, even the strongest laws are only as powerful as the people’s willingness to defend them.
“If citizens stay silent as their rights are chipped away, no Constitution can protect them,” he said in closing.
Analysts say Maraga’s criticism is not just about the content of laws, but the philosophy of governance behind them. His warning challenges Kenya’s leaders to ask whether power is being used to empower citizens or to control them.
Maraga’s intervention also reminds Kenyans that defending democracy is not the responsibility of leaders alone. It belongs to every citizen who values justice, fairness, and accountability.
“Democracy is fragile,” he said. “It dies not from sudden destruction, but from slow neglect when people stop paying attention.”
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As David Maraga’s warning echoes across the nation, Kenyans are left to confront an uneasy question will the Constitution remain the people’s shield, or will it become just another tool in the hands of those it was meant to restrain?
