In a stunning rebuke that has sent shockwaves through the nation, former Chief Justice of Kenya David Maraga has issued a powerful statement condemning the presence of armed Jubaland forces from Somalia within Kenyan territory. The statement, dated September 3, 2025, addresses what he terms a “profound constitutional, legal, and security” crisis unfolding in Mandera County.
This development strikes at the very heart of Kenyan sovereignty and raises alarming questions about the Ruto administration’s commitment to protecting the nation’s borders.
A Grave Violation of Sovereignty
The core of Justice Maraga’s argument rests on the inviolability of Kenya’s borders. He emphasizes that as a sovereign state, the protection of territorial integrity is a non-negotiable duty imposed by the Constitution on the President and all state organs.
“The protection of our territorial integrity is a fundamental duty imposed on the President and all state organs by our Constitution,” Maraga stated. He directly called upon President William Ruto to “ensure the prompt withdrawal of Jubaland forces from Kenya.”
This incident is not just a security breach but a significant Kenya sovereignty breach that could set a dangerous precedent, potentially emboldening other external actors to interfere in the country’s internal affairs.
Demand for Transparency and Accountability
Going beyond a mere call for withdrawal, the former head of the judiciary turned up the political pressure by urging the Kenyan Parliament to intervene. He demanded that the legislative body, as the representative of the people, hold President Ruto accountable.
Maraga insists that Parliament must demand a “full account from President Ruto on how these forces were allowed into our country, and under what legal framework.” This move underscores a critical demand for government accountability and transparency in Kenya, especially on sensitive matters of national security.
He anchored his demand in the supreme law of the land, specifically citing Article 238 of the Kenyan Constitution, which mandates that the primary objective of national security is to safeguard the country’s sovereignty and territorial integrity and to protect its people.
The Human Cost: A Message to Mandera and All Kenyans
Recognizing the real human impact of such an incident, Maraga directly addressed the residents of Mandera County, a region that has often felt neglected by the central government. His words were meant to reassure and rally citizens.
“To our brothers and sisters in Mandera, and indeed all Kenyans, your rights, dignity, and safety are non-negotiable,” he declared. In a powerful affirmation of national unity, he added, “No part of our Republic is less Kenyan than another, and no community should feel abandoned or exposed because of unconstitutional decisions taken by this reckless government.”
This part of the statement tackles the critical issue of Mandera County security and aims to resonate with Kenyans nationwide who are concerned about border security and equal treatment for all communities.
Implications for National Security and Prosperity
The former CJ concluded by linking the nation’s security directly to its prosperity. “Kenya’s sovereignty and security are a prerequisite to our nation’s prosperity,” he asserted. He called on both leaders and ordinary citizens to “jealously guard the people’s power for present and future generations.”
This statement from a figure of Maraga’s stature, known for his unwavering adherence to the rule of law, is more than a political commentary; it is a constitutional alarm bell. It frames the presence of Jubaland forces in Kenya not as a mere diplomatic or security incident, but as a fundamental failure of the government’s most basic constitutional duty.
The ball is now in the court of President Ruto’s administration to provide a comprehensive and lawful explanation for this serious alleged incursion, or face escalating political and public backlash. The situation in Mandera is now a litmus test for the government’s commitment to constitutional adherence and the rule of law in Kenya.
