Kenya’s former chief justice, David Maraga, was arrested on Tuesday during a peaceful protest in Nairobi’s Uhuru Park, drawing swift condemnation from a group of retired British judges who described the action as an assault on the rule of law.
Maraga, who served as chief justice from 2016 to 2021 and is widely respected for his role in annulling the 2017 presidential election results, was taken into custody alongside several dozen lawyers and activists. The group had gathered to demand the resignation of President William Ruto over unaddressed corruption allegations and economic mismanagement.
Witnesses reported that police used tear gas and batons to disperse the crowd before detaining Maraga. He was held for several hours before being released without charge. In a statement, the British judges, including former Supreme Court justices Lord Neuberger and Lady Hale, said the arrest was “a direct challenge to judicial independence and the constitutional fabric of Kenya.”
The incident has amplified concerns about the erosion of democratic norms in East Africa’s most stable democracy. Kenya’s judiciary has faced increasing pressure from the executive in recent months, with several judges being investigated or reassigned after rulings unfavourable to the government.
Maraga’s arrest is the latest flashpoint in a broader confrontation between civil society and the Ruto administration. Since taking office in September 2022, President Ruto has vowed to fight corruption but critics argue his government has targeted political opponents while shielding allies.
The protest in Uhuru Park was one of several across the country. Organisers said they would continue demonstrations until Ruto stepped down or implemented sweeping reforms.
International observers have called for restraint. The United Nations expressed concern about the use of force against peaceful protesters. The British Foreign Office said it was “closely monitoring” the situation and urged Kenyan authorities to uphold the rule of law.
For Maraga, the arrest marks a sharp reversal of fortune. He was once hailed as a reformer who guided Kenya’s judiciary through a period of heightened political tension. His detention underscores the fragility of institutional safeguards in a region where judiciaries often struggle against executive overreach.
The retired British judges, in their statement, warned that the arrest could deter international investment and strain Kenya’s bilateral relationships. “The integrity of the judiciary is not a domestic matter alone,” they said. “It is a cornerstone of the international legal order.”
