The arrest of Kenya’s former chief justice Willy Mutunga at a protest against the construction of a highway through Nairobi National Park is not just a legal story. It is a story of class dynamics, national identity and the slow erosion of the public good.
On the surface, the protest was about land use. A 27-kilometre elevated toll road, part of a Chinese-funded infrastructure project, is set to slice through the park, home to lions, rhinos and giraffes. The government says it will ease traffic. Conservationists say it will destroy a UNESCO World Heritage Site. But when a retired chief justice openly defies the authorities, we are no longer talking about potholes. We are talking about a crisis of trust.
Mutunga, known for his progressive rulings on land and social justice, stood with activists bearing placards that read “My park, my heritage”. He was led away by police, his hands held behind his back. The image circulated widely on Twitter. For many Kenyans, it was a flashback to the 1980s, when a different regime arrested lawyers and judges who dared to speak out.
What does this tell us about the human condition? We are witnessing a trend where the very institutions meant to protect citizens are being used against them. The protest was peaceful. The cause is popular. Yet the state responded with force. This is not unique to Kenya. From London’s Extinction Rebellion to Hong Kong’s pro-democracy marches, governments increasingly criminalise dissent. But when a former chief justice is treated like a common criminal, the message is chilling: no one is immune.
On the streets of Nairobi, the mood is mixed. Some residents are frustrated by traffic and support the road. Others see it as a metaphor for corruption and short-term gain over the environment. “They are building a road for the rich while selling our heritage,” a taxi driver told me, pointing to the park’s distant skyline.
There is a deeper cultural shift here. The idea of a national park once belonged to everyone. It was a space where the urban poor could glimpse wildlife for the price of a bus fare. Now, it is being sacrificed for a highway that only those with cars will use. The economics of inequality are written in concrete.
Mutunga’s arrest may be a turning point. It forces Kenyans to ask: what kind of country do we want? The answer will shape not just Nairobi’s skyline but the legacy of its people.
