Former Chief Justice David Maraga has sharply criticized President William Ruto’s administration for what he terms the weaponization of the criminal justice system to silence dissenting voices—particularly young people involved in recent anti-government protests.

In a statement delivered outside Nairobi’s Kahawa Law Courts on Wednesday, Maraga condemned the state’s use of the Prevention of Terrorism Act (POTA) to charge youth arrested during the June 25 demonstrations in Gilgil and other parts of the country. Accompanied by a team of lawyers, the former CJ appeared in court to show solidarity with the accused protesters.

Abuse of Anti-Terror Laws

Maraga took issue with the involvement of the Anti-Terrorism Police Unit (ATPU) in handling protest-related cases, describing it as “reckless” and a clear violation of constitutional rights.

“Ruto’s government is clearly weaponizing the criminal justice system to terrorize the arrested youth and their families,” he said. “The reckless use of the Prevention of Terrorism Act and ATPU is a significant threat to Kenyans’ freedom of assembly and expression.”

He urged the Judiciary to maintain impartiality and ensure that constitutional protections are upheld, especially in politically sensitive cases.

Calls for Judicial Compassion

Maraga also appealed to the court for lenient bond terms, citing the economic struggles of most of the arrested youth, many of whom rely on irregular incomes. The court granted varying bond terms, ranging from KSh200,000 to a cash bail of KSh50,000 across three related cases.

He reaffirmed his support for peaceful demonstrations, stating that the protests reflect public frustration with what he called “a regime that has lost legitimacy.”

“We shall not relent in protecting the right to peaceful assembly as guaranteed by the Constitution,” Maraga said.

Arson Suspects Face Terrorism Charges

The statement comes amid rising tensions over the state’s handling of protest-related arrests. On Tuesday, eight suspects linked to the July 3 arson attack on Mawego Police Station in Rachuonyo North Sub-County were arraigned at the Kahawa Law Courts.

The suspects—Kennedy Oluoch Oluoch, Nicholas Otieno, Tofiq Owiti Mohamed, Michael Omondi Opiyo, David Bill Clinton Otieno, Robert Ouko Abala, Samuel Ouma Odhiambo, and Erick Obunga Osumba—were charged with committing a terrorist act, arson, and malicious damage to property. All pleaded not guilty.

Initially detained under orders from the Oyugis Law Court, the suspects were re-arrested on July 14 and transferred to ATPU headquarters in Nairobi. They now face charges under POTA and additional counts under the Penal Code.

Growing Criticism of State Response

Maraga’s intervention adds to a chorus of concern from civil society groups, legal experts, and human rights organizations over what many see as an increasingly heavy-handed state response to youth-led protests. The demonstrations, primarily driven by Gen Z activists, continue to call for improved governance, transparency, and accountability.

As legal proceedings unfold, the spotlight remains firmly on the government’s approach to dissent—and the judiciary’s role in safeguarding constitutional freedoms.