It is one of those images that sticks. An elderly man in a dark suit, hands behind his back, being led through a crowd of protesters in Nairobi. The man is David Maraga, Kenya’s former chief justice, a figure once seen as the embodiment of judicial independence. His arrest on Tuesday at a demonstration against the government’s new tax hikes has sent a tremor through the political class and drawn a sharp rebuke from the British government.
Maraga, 73, was among hundreds of protesters who took to the streets of Nairobi and other cities to oppose the Finance Bill 2024, which introduces new levies on everything from bread to mobile money transfers. The protests, led by opposition figures and civil society groups, have been largely peaceful, but the police response has been heavy-handed. Tear gas, water cannons, and now the detention of a former chief justice.
For the UK, which maintains close ties with its former colony, this was a step too far. The Foreign Office issued a statement calling on Kenyan authorities to uphold the rule of law and ensure the safety of all citizens. It is a diplomatic nudge, but one that carries weight. Nairobi relies on London for aid, investment, and a steady stream of students to British universities.
But on the streets of Nairobi, the mood is more complex. Maraga is no simple martyr. He retired in 2021 after a tenure marked by both courage and controversy. He annulled the 2017 presidential election, a brave move that upheld the constitution but also exposed the deep divisions in Kenyan society. His critics accuse him of judicial overreach; his supporters see him as a guardian of democracy.
Now, he has joined the protest, standing shoulder to shoulder with ordinary Kenyans suffering under the weight of inflation and unemployment. It is a powerful symbol, but also a risky one. By arresting him, the government has turned a former ally into a potential rallying point for dissent.
What does this mean for the ordinary Kenyan? The tax bill is not just about numbers. It is about the price of a loaf of bread, the cost of sending money to a relative in the village, the shrinking hope of a better life. The protests are a cry of desperation from a generation that feels left behind. And when a former chief justice is arrested, it sends a message that no one is above the state’s reach.
The UK’s call for the rule of law is well-intentioned, but it also rings hollow for some. Britain has its own history of protests and policing, and its government has faced criticism for crackdowns on climate activists and trade unionists. The irony is not lost on Nairobians.
Yet, the international pressure matters. Kenya is a key ally in the fight against terrorism in East Africa, and its stability is crucial for the region. The UK wants to see a peaceful resolution, but it also wants to protect its investments. There is a fine line between diplomacy and interference.
As the sun sets over Nairobi, the city is tense. The protests continue, and the government shows no sign of backing down. Maraga’s arrest will be tested in court, and the streets will be tested by more tear gas. But for now, the image of a former chief justice being led away is the one that lingers. It is a reminder that in a democracy, no one is above the law, but also that the law must be just.
Clara Whitby, Culture & Society Editor
