Ex-CJ David Maraga decries protest deaths, urges urgent human rights training for police

Former Chief Justice David Maraga has called for urgent training of police officers on human rights, saying the recent killing of young protesters and bystanders reveals a dangerous lack of understanding among officers about their role during demonstrations.

Speaking during an interview with Citizen TV on Tuesday, Maraga described the police response to protesters as “shocking” and “devastating”, accusing the government of ignoring its promises of peaceful protests.

“What is happening in our country is shocking. I mean, for you, speaking for myself, and I think for everyone, this has never happened. It’s shocking to have young people, young people who have done nothing to deserve death, leave alone injury. This is devastating, and should be condemned by literally every Kenyan,” he said.

According to the Ministry of Interior, at least 42 people lost their lives and close to 600 were injured from recent demonstrations that hit multiple parts of the country on June 25 and July 7.

In his remarks, Maraga linked the violent police response to the orders issued by President William Ruto, who directed police officers to shoot in the leg anyone caught looting businesses and vandalising properties during protests.

“The view is what the President said, orders to shoot, although he said it later, but that tells you exactly what the police were ordered to do,” he said.

Maraga, who had participated in the first anniversary of the June 25, 2024, anti-government protests, said police ignored assurances given to the families of victims regarding peaceful protests, only to violently disperse demonstrators, including women who were trying to lay flowers in memory of their loved ones.

“I was on the streets in solidarity with the families of those who lost their loved ones, and on the assurances that had been given by the police that the protests were going to be peaceful, as they are supposed to be. We went there in solidarity, only to be tear gassed, and those ladies could not even be allowed to lay flowers where they wanted to lay flowers, a clear demonstration that the government didn’t want those demonstrations despite the assurances that they had given,” he said.

Responding to claims by the Cabinet Secretary for Interior that there were no police killer squads, Maraga dismissed the statements, recounting his personal experience during the protests.

“I didn’t ask for personal assurances. I relied on what they had told the families, and I was going there in solidarity with those families,” he said.

“I was horrified. I was horrified because we were just walking to see that statue on Kimathi Street? That’s where the families wanted to lay flowers, and then from there they would walk to Parliament. We didn’t even go 10 metres before we were tear-gassed,” he lamented.

Maraga also challenged police claims that protesters were violent.

“The claim is that there was a burning tyre or a burnt tyre on the street; there was nothing of the kind. I can tell you for sure,” he said.

The former Chief Justice, who previously chaired a task force on police reforms, said the lack of human rights training among officers was evident in the brutal manner in which unarmed civilians were handled.

“One of the recommendations is that the police need a lot of training on human rights affairs. They don’t seem to be aware of what they are supposed to do in such situations, because to use tear gas or to just shoot an unarmed bystander like Boniface Kariuki, it’s shocking,” he said.

“It’s shocking. You wonder whether that policeman is a human being or what, because, I mean, shooting at close range, you must have known that it was going to create serious injury, if not death. So, for one to do that is shocking.”

In his address on Tuesday, Interior Cabinet Secretary Kipchumba Murkomen said the violence witnessed during the recent demonstrations was deliberate and orchestrated, targeting innocent citizens and businesses.

He explained that marauding gangs and anarchists attacked private businesses, thrusting many Kenyans into poverty after years of hard work were lost overnight.

“This is unacceptable. One life lost is one too many. We mourn every life lost and extend our deepest sympathies and heartfelt condolences to the affected families. To those who suffered injury, loss, and trauma on those two fateful days of sheer terror, we say poleni sana,” Murkomen said.

He maintained that the violent incidents were not protests but acts of “pure, premeditated criminality, deliberate, dangerous, and deeply disturbing.”

He also accused unnamed individuals of sponsoring the unrest to subvert the Constitution.

“The right to assemble, demonstrate, picket, march unarmed and present petitions to authorities is guaranteed by our Constitution; that cannot be taken away. But invasion of hospitals, rape, attack on ambulances, looting of businesses, forcible entry of protected areas, vandalism, erection of illegal roadblocks and torching of government installations, including police stations and administrative offices, are vile crimes and must be treated as such,” he said.