Maraga warns democracy in peril as repression mutes dissent voices

Former Chief Justice David Maraga has sounded the alarm over the weakening state of democracy both in Kenya and globally, warning that governments are increasingly turning to repression and silencing of dissent.

Citing the Global State of Democracy Report 2025 by International IDEA, Maraga noted that in 2024 alone, 94 countries, representing more than half of those assessed, recorded a decline in at least one factor of democratic performance compared to five years earlier.

“Repression has gotten worse and governments have taken even greater steps to suppress dissent and limit the ability of people to choose who will govern them,” he said.

The former CJ was speaking in Nairobi on Monday during the commemoration of the 18th International Day of Democracy.

During the event, a new Our Rights, Our Future report also highlighted the erosion of Kenya’s civic space, once revitalised by the 2010 Constitution.

The study, commissioned by ForumCiv with support from the European Commission, shows how shrinking freedoms have disproportionately affected youth, human rights defenders, civil society organisations, and marginalised groups such as persons with disabilities, indigenous communities and LGBTIQ+ individuals.

 The report, based on surveys across 25 counties and 14 key informant interviews, points to restrictive laws, harassment and financial pressures as tools of repression. Laws such as the Public Order Act, the NGO Coordination Act, the Computer Misuse and Cybercrimes Act and new proposed bills are seen as deliberate efforts to suppress dissent. 

Youth movements face surveillance, infiltration by police, forced disappearances and digital restrictions, while CSOs report funding delays, deregistration threats and heavy compliance burdens.

The study further cites disinformation, covert policing and Strategic Lawsuits Against Public Participation (SLAPPs) as tactics fostering fear and discouraging public protest.

ForumCiv’s Regional Manager, Jackson Obare, warned that Kenya’s democracy has slipped from “obstructed” to “oppressive” over the past two years, adding that freedom of expression and assembly are now under threat.

“In the last 18 to 24 months, democracy has gone down. Citizens now fear even posting on social media, wondering if they will get home safely,” Obare said. 

Maraga accused the current government of “terrorising young people” through abductions, trumped-up charges and excessive force against peaceful protesters.

He said that the past two years have seen unprecedented youth mobilisation against economic strain, political disillusionment and social injustice, but their voices have been met “not with dialogue, but with unrestrained force.”

 He also condemned enforced disappearances, unexplained deaths in police custody and cross-border abductions of foreign nationals, describing them as unconstitutional and unworthy of Kenya’s democratic journey.

Maraga has also accused the Executive of undermining key institutions, warning that erosion of justice and human rights poses a grave threat to Kenya’s democracy.

He said abductions, extra-judicial killings and rights violations are going unpunished because of weak investigations and a failure by the Office of the Director of Public Prosecutions (DPP). “The Judiciary cannot investigate cases. The problem lies with the DPP, who is failing to ensure proper investigations and prosecutions,” he said.

He, however, praised the role of young people, describing them as “the bravest champions of democracy,” and urged them to continue speaking truth to power.

Despite the repression, Maraga said hope endures through civil society, judicial independence and press freedom, which he described as “the lungs through which our movement breathes.”

But he warned that if courts are captured, the press silenced, and citizens retreat, “democracy suffocates.”

Calling for urgent reforms, Maraga reminded Kenyans that the 2010 Constitution is “not a suggestion, but the supreme law of the land,” with absolute rights.