David Maraga: From CJ to activism, could he become King?

During the anti-government march of June 25, 2025, held to commemorate last year’s deadly protests that involved a breach of Kenya’s national assembly, Chief Justice Emeritus David Maraga appeared on the streets of Nairobi, in solidarity with thousands of picketing youths. Videos showed excited, admiring crowds sidling up to him. The scene looked like a Presidential rally.

Maraga, the 14th Chief Justice of independent Kenya, and the second under the Constitution of Kenya 2010, will be vying for the presidency in 2027. On June 18, in a TV interview, he claimed the current government had lost legitimacy, hence his desire to lead the occupation of a void that needed sane minds.

“We are continuing our convenings with progressive Kenyans to chart the path forward for the country. This anarchy by a State cannot be allowed to continue unabated. We must reset, rebuild and restore our beloved country to utu, Constitutionalism and the rule of law,” Maraga said.

Since social media has been awash with praise of a man who many see as an icon of sobriety, and who is lionised for leading The Judiciary towards making firm, independent decisions at a time when The Executive clamped down hard.

When Maraga retired, many could have expected him to slide into the quietude outside the public space. He was in no way cut for politics, many felt; the quiet, unassuming jurist clearly nothing like the cold-blooded brutes famed for their savagery in those political offices.

 Maraga was, however, yanked out of comfort by instances of flagrant abuse of a constitution he so fiercely defended as Chief Justice. While opinion is split about his impact at the helm of the Judiciary, a few remarkable moments defined his reign.

READ: Maraga, Matiang'i jolt 2027 contest, leaving Gisii vote divided and adrift

In September 2017, for example, the Maraga-led Supreme Court invalidated the result of the highly contentious Presidential elections of the previous month. In a majority vote, the judges had decided there were irregularities that required for the election to be redone, making history as the first apex court to nullify a Presidential election in Africa.

While he received considerable flak, including by President Uhuru Kenyatta, who labelled the judges ‘wakora’, Maraga stood with his decision, and continued to battle for the adherence to the laws of the land beyond that year. He is famously remembered saying, while announcing the landmark ruling: "The greatness of any nation lies in its fidelity to the Constitution and adherence to the rule of law and, above all, respect to God."

Ironically, it had been President Kenyatta, whose victory he nullified, who had appointed him on October 19, 2016.

Maraga’s Judiciary often complained about interference from the executive and frustrations in budgetary allocations. The judiciary suffered from constant budgetary cuts, and the President refused to appoint 41 judicial nominees despite numerous orders from the High Court, crippling its operations, therefore. 

The altercation with the President did not stop there.

On September 21, 2020, Maraga issued an advisory calling on President Kenyatta to dissolve Parliament. It had failed, he noted, to enact legislation which would give effect to a provision in Kenya's Constitution that requires gender quotas in all public bodies.

The President ignored this call.

Over time, there were attempts to haul him from office, with suits against his alleged tribalism in selection of members of his staff, or alleged dalliance with the government of the day (he was accused of accompanying the government in public functions and rallies) and thus partisanship. At one point, a woman appeared at Milimani Law Courts claiming to demand child support from Maraga as he had neglected a child he had fathered in an extramarital affair in 2014. The Children's Court quickly dismissed the case and the woman never resurfaced.

Recent happenings in government- blatant violation of human rights, rampant ignoring of court orders, spendthrift tendencies amid economic downturns- prompted the public to cry out for a man many feel could bring back sanity in the echelons of government. He accepted the call. His eyes are set on the presidency, and some are already convinced he is suited for the top seat.

Former Chief Justice David Maraga teargassed

“The country is changing. People now see politicians for what they are: liars, insensitive, unable to feel the pain of the people. People could now look outside the political class, which cannot be trusted anymore,” says Prof Gitile Naituli, a professor of management and leadership at Multimedia University of Kenya, Faculty of Business and Law.

Dr Michael Ndonye, the Dean of Kabarak University’s School of Music and Media, agrees. In his column on The Standard, he wrote:

“This generation can make anyone their leader—it is a trend that can be observed from their ability to make anyone they want in their generation a celebrity, regardless of their background, provided the person can 'vibe' with them. Just like that! Mr Maraga stands a chance of becoming the President of this country at a time when the voting pattern has changed.”

In recent days, Maraga has trained his guns on the President and the entire ruling elite, calling out abuses of human rights and promising strong opposition to the system, an effort which will culminate in taking over power at the ballot in 2027.

Like his predecessor Willy Mutunga, who was the first Chief Justice under the new Constitution and who has been an ardent advocate for human rights for decades, even joining protesters in the streets in demand for justice and visiting police cells to demand release of inmates, Maraga is now in a direct collision course with the state- and many are loving it.  

He labelled the June 25 protests ‘Kenya’s Third Liberation’.

“Just like the first liberation- the fight against the British colonialists- this generation of young people, the Gen Zs, has paid the ultimate price with their blood. Just like the second liberation- the fight against one-party rule and ukoloni mambo leo- this generation has fought to protect the Constitution of Kenya 2010.”

He loudly condemned the violence meted out by police on protesters on the day and called out the communication authority’s “attempts to suppress fundamental freedoms in Kenya” when they tried to take off air broadcasters who were covering the protests, calling the decision illegal, retrogressive and unconstitutional.

For his troubles, he had his security detail withdrawn.  

Maraga also called out the Cabinet Secretary for the Interior and National Administration, Kipchumba Murkomen, who mooted the shoot-to-kill order, and Mohammed Amin, the Director of the Department of Criminal Investigations, for enforced disappearances.

Now, Maraga insists that Kenya “is on the abyss of instability”.

“But we can prevent more bloodshed. We can prevent more destruction of property,” he says.

He states what he calls the four main essentials, which can cure the leadership and institutional crisis Kenya is going through:

“First, we must listen to the concerns of the young people who have paid a heavy price since last year. Second, we must hold accountable all leaders of institutions that have failed in upholding the rule of law, including the National Police Service, the IG, DCI, IPOA, and the National Assembly. Third, we must arraign in court all those involved in the killing, injuring and maiming Kenyans as well as those who have destroyed property, and fourth, the buck stops with the President. We must commence a process to hold the President accountable for gross violations of the Constitution.”

When there was the first hint Maraga would be interested in running for the presidency in 2027, potential supporters started grumbling he was doing very little to be seen- and heard- by the electorate. Since he has made an effort to appear in circles where he is more visible, including fitting into groups of young people. He has appeared on the popular Iko Nini podcast, at town halls organised by the youth, has posted himself stopping for “impromptu discussions with some young people”, and even appeared on the famous balcony hosted by The Roaming Chef, former Kenya rugby star and Olympian Dennis Ombachi, for a cookout session.

Two years to the general elections, a number of politicians have already declared interest in the top seat, a cabal of them forming what is now referred to as the United Opposition. With a general feeling that this could lead to a split of votes that could scatter all their bids, Prof Naituli is confident they will finally settle for one candidate.

One of the other potential candidates is Dr Fred Matiang’i, who is famously remembered for his stint as Cabinet Secretary for Interior and Coordination of National Government and Education, Science and Technology in President Kenyatta’s government. He comes from the same region and community as Maraga, and he has his supporters. However, he has been accused by many, including barrister Dr Miguna Miguna, of flagrant violation of the Constitution. Former Deputy President Rigathi Gachagua, former Vice President Kalonzo Musyoka, and Busia Senator Okiya Omtatah are also said to be eyeing the seat.

“That there are many people running is an indication that people see this seat as vacant. In the end they will have a candidate and they will not want to disappoint Kenyans. They just want the incumbent out,” Prof Naituli says.

In a recent interview session, Maraga said he was committing very modest funds to his campaign kitty, and that he would be reliant on Kenyans of goodwill to bulk up his financial muscle.

ALSO READ: Maraga keeps his word to 'walk with Gen Z' as he builds 2027 momentum

“We are going to appeal to Kenyans to contribute to our campaign. I will put in about Sh1 million to Sh2 million. I don’t have much money. We are in fact, hoping to get excess and whatever is left will go to a public course,” he said on Citizen TV.  Prof Naituli thinks this is an admirable trait.

“Maraga is not a thief and that is why he has little money to put into the campaign. It is the beauty of it; he does not have all the money to dish out. Kenyans need to have a psychological shift to consider a leader like him,” he says.

Maraga has been endorsed by several key figures, especially due to what is perceived to be a stellar track record as a lawyer, judge- since his appointment in 2003 and through his time at the Court of Appeal, to his stint as Kenya’s Chief Justice.  

Former Law Society of Kenya President Nelson Havi said, reacting to an article rooting for Maraga’s presidency: “There is no reason for voting to be shot on the legs if you can vote and live to maturity, to die old with all your limbs intact and firm. The choice is entirely yours.”

Academic Dr John Njenga Karugia wrote on X: “Kenya needs a calm President who has a record of respecting Kenya's Constitution to the letter like David Maraga. Not someone like Fred Matiang'i who has participated in disrespecting Kenya's Constitution eg denying Miguna Miguna his rights as a citizen while he was Minister of Interior.”

Dr Ndonye is of the idea that Maraga could broaden his manifesto early on, saying that by reducing the nation's multifaceted problems to a failure to obey the law, he risks being perceived as disconnected from the broader governance dynamics, simply because he is a lawyer.

“Furthermore, Maraga’s emphasis on legal adherence may resonate with the elite, whose interests align with matters of law. Yet, this focus alienates the masses, whose priorities revolve around basic needs and tangible improvements in their daily lives. Unless he breaks the matter down to resonate with the ordinary citizen, it will not yield anything for him. So, to gain traction among ordinary citizens, Maraga must craft a strategy that speaks directly to their concerns rather than relying on rhetoric that appeals to the elites,” he wrote on The Standard.

Maraga says that he is ready to deal with what he terms a failure of leadership plaguing Kenya.

“Given an opportunity, if I’m privileged to lead this country, I will restore the independence of the police and other institutions. We will stop the extractive system and get the country back to where it is supposed to be. We are going to get the Constitution respected and complied with. If we don’t start with stopping the looting of public resources, we are going to lose this country,” he said.