Former Chief Justice David Maraga Wednesday explained that under Kenyan law, a sitting president can be prosecuted after leaving office, not when in power.
This is amid criticism against President William Ruto’s government over rights abuses, police brutality, extrajudicial killings, and what some have described as illegal alliances with militia gangs.
Ruto’s government has also been criticized for repeatedly ignoring court directives, such as the recent appointment of IEBC commissioners despite a court-issued conservatory order, as well as hiring CASs despite the court declaring the positions unconstitutional in 2022.
“You can’t take a sitting president to court. But if he disobeys the law, flouts anybody’s rights, as soon as he leaves office, he can be taken to court,” the former CJ explained in an interview with Spice FM.
Already, some opposition politicians have said they are compiling evidence for submission to the International Criminal Court (ICC) in The Hague, Netherlands, seeking to have Ruto held accountable for alleged crimes against humanity.
Martha Karua, Kalonzo Musyoka, Rigathi Gachagua, Justin Muturi, Eugene Wamalwa, Mukhisa Kituyi, and Saitoti Torome cite the government’s response to street protesters, and also link Ruto to illegal arms transfers and alleged enabling of atrocities both in Kenya and the Sudan.
Maraga, who has declared interest in the 2027 presidential race, decried what he termed as Kenya’s fall into lawlessness and disregard for the rule of law, which he warned risks driving the country into anarchy.
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