In a dramatic escalation of tensions over a contested development project, Kenya's former chief justice was arrested on Tuesday during a protest against the construction of a highway through Nairobi National Park. The arrest has drawn swift condemnation from the British government, which expressed 'deep concern' over the treatment of the 78-year-old legal icon and the broader suppression of dissent.
Willy Mutunga, who served as Kenya's chief justice from 2011 to 2016, was among dozens detained as police moved in to clear demonstrators blocking access to the park. The protesters argue that the 27-kilometre road, part of a larger infrastructure push, will irreparably damage one of Africa’s most urban wildlife reserves. 'This is a theft of our heritage,' Mutunga told reporters moments before his detention. 'They are sacrificing our environment for profit.'
The government defends the project as vital for reducing traffic congestion, a chronic problem in Nairobi. But critics point to a pattern of opaque decision-making, with environmental assessments rushed and local communities sidelined. The UK Foreign Office issued a statement on Wednesday morning, calling for Mutunga's immediate release and urging Kenyan authorities to 'respect the rule of law and the right to peaceful protest.'
For the British government, the arrest strikes a nerve. Mutunga is a respected figure in legal circles, having overseen landmark reforms in Kenya’s judiciary. His detention is seen as a test of President William Ruto’s commitment to democratic norms, especially after a series of crackdowns on opposition figures and journalists in recent months. 'We are watching very closely,' said a British diplomat, speaking on condition of anonymity. 'This is not the Kenya we want to see.'
The protest itself reflects a deepening clash between development and conservation. Nairobi National Park, a 117-square-kilometre expanse on the city's southern edge, is home to lions, giraffes, and rhinos. The highway, part of a Chinese-funded project, would cut through the park’s migration corridor, raising fears of animal deaths and ecosystem collapse. Local activists have likened it to 'building a motorway through Hyde Park.'
For the average Kenyan, the row is about more than wildlife. It is about who gets a say in how their country is run. 'We are tired of being told what is good for us,' said Mary Wanjiku, a small trader whose stall overlooks the park. 'They build roads we cannot afford to drive on, and destroy the few green spaces we have left.' Her sentiment echoes a broader frustration with inequality and exclusion from decision-making.
The UK’s condemnation is significant but its leverage is limited. Britain remains a key aid donor and trading partner, but Kenya has increasingly turned to China and other powers. Still, the Foreign Office’s sharp language suggests a desire to draw a line under the affair. 'We stand with the people of Kenya in their demand for justice and accountability,' the statement read.
As of Wednesday morning, Mutunga remained in custody, with no word on charges. His lawyer described the arrest as 'illegal and politically motivated.' The High Court is expected to hear a habeas corpus petition later today. For now, the protest continues, smaller but defiant. And in London, officials wait, hoping this is not the start of a longer retreat from freedom.
