Maraga accuses security forces of excessive force, calls for protest accountability

Former Chief Justice David Maraga has condemned what he described as unlawful policing practices, accusing security officers of concealing their identities, using excessive force and undermining constitutional rights during public operations.

In a statement released on Sunday, Maraga also demanded the immediate production of missing protester Davis Lichuma and called for accountability over allegations of violence and torture linked to the June 25 demonstrations in Nairobi.

The former Chief Justice said recent security operations across the country pointed to what he termed a troubling trend in policing that risked weakening constitutional protections and public trust in law enforcement institutions.

"Kenya is watching a dangerous pattern. Across the country, security forces have conducted operations in which officers conceal their identities, deploy excessive force, and act in ways that make accountability impossible," he said.

Maraga argued that policing should remain a public service rather than a tool of intimidation.

"Policing is a public duty, not a license for violence. When officers hide their identities while carrying out state operations, they do not protect the public. They undermine the constitutional order they are sworn to uphold," he said.

His remarks come in the wake of demonstrations held on June 25 to commemorate lives lost during the Gen Z protests over the past two years.

According to Maraga, participants in the procession had complied with legal requirements governing peaceful assembly but were met with force during the demonstrations.

"On June 25, we assembled to hold a peaceful procession in Nairobi to commemorate the lives lost during Gen Z protests the past two years. We were violently dispersed and some of our fellow citizens arrested at Parliament later, some were released with accounts of torture in police hands," he said.

He also raised concern over the whereabouts of Davis Lichuma, who he said remained unaccounted for following the demonstrations.

"One Davis Lichuma is still missing. We demand for his production immediately," he said.

The former Chief Justice questioned whether different security units were operating under separate directives and expressed concern over what he described as selective treatment of citizens exercising constitutional rights.

"The constitutional right to peaceful assembly is not a privilege extended selectively by those in power," he said.

The former Chief Justice further demanded that police officers deployed during public operations be clearly identifiable and called for public accountability in command structures.

"As a bare minimum, all officers deployed in public operations must be clearly identified at all times as required," he said.

He concluded by warning against what he described as a growing culture of fear and impunity.

"We cannot normalize masked violence or the use of force against citizens exercising their rights. Our country must be governed by law, not fear."