Maraga criticises State for criminalising dissent
National
By
Jacinta Mutura
| Nov 26, 2025
Former Chief Justice and 2027 presidential hopeful David Maraga has accused the government of using Kenya’s justice system to criminalise dissent.
Maraga warned that young people and activists calling for accountability are increasingly being framed as criminals. He raised concerns over peaceful demonstrators being dragged to court on fabricated charges intended to intimidate them.
“I have appeared in cases where young people demonstrating for their rights were judged under terrorism laws,” Maraga said, adding; “Such charges are meant to torment them, knowing full well they will not hold, as their actions do not meet the definition of terrorism.”
He argued that the weaponisation of the justice system exposes the William Ruto administration as a leadership fearful of public scrutiny and drifting from the spirit of the 2010 Constitution. “We have one of the best constitutions in the world, but it is not being implemented,” he said yesterday at the annual Human Rights Defenders Academy in Nairobi, convened by the National Coalition of Human Rights Defenders.
The forum brought together human rights defenders and activists from across all 47 counties, covering issues, such as women’s rights, child protection, SOGIE justice, sexual and reproductive health, and environmental advocacy. Discussions included modern activism amid artificial intelligence, digital surveillance, misinformation, and evolving technologies.
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Maraga said criminalising dissent signals an attempt to silence a generation of young people, particularly Gen-Z, who insist on accountability. He cited the protests of June 2024 and June 2025 as evidence of the youth’s collective responsibility and constitutional awareness. “Those protests contradicted my fears that Kenyan youth were purely materialistic and individualistic. They revealed a generation deeply committed to demanding accountable governance,” he said.
He praised the movement for rising above ethnic, class, and political divides, describing Gen-Z as a powerful, peaceful civic force grounded in constitutional demands.
“The use of courts to frustrate them shows an attempt to crush growing political consciousness rather than engage them,” Maraga added.
He also lauded human rights defenders, activists, community organisers, and pro bono lawyers who supported those targeted by the state through arrests and abductions.
Kamau Ngugi called for the development of laws and policies to safeguard the work of human rights defenders. “At the global level, the UN Human Rights Defenders Declaration recognises that their work is lawful and vital for society. Kenya, however, has yet to implement a law or policy to protect them,” Ngugi said.
He particularly criticised the delay in implementing a draft policy developed by the Defenders Coalition and the Kenya National Commission on Human Rights (KNCHR).
“It has taken over five years with no action. We must anchor the work of human rights defenders within the law to ensure their protection and support,” Ngugi appealed.