The Law Society of Kenya (LSK) has strongly condemned the arrest of Chief Justice Emeritus David Maraga and eight environmental activists who were protesting the alleged irregular allocation of 76 acres within Nairobi National Park for a multi-billion-shilling development project.
The arrests, which took place during a demonstration opposing the reported Sh42 billion Bomas expansion plan, have ignited a fresh national debate on civic freedoms, public participation, and the protection of Kenya’s heritage sites.
In a sharp statement, LSK President Charles Kanjama criticised what he termed the “weaponisation of police powers” against citizens exercising constitutional rights.
He said the arrest of a retired head of the Judiciary alongside peaceful protesters was a “direct assault on civic space” as guaranteed under Article 37 of the Constitution.
“Bundling a retired head of our Judiciary into a police vehicle for peacefully opposing a major public project allegedly pushed through without meaningful public participation is deeply troubling,” Kanjama said, adding that national heritage sites must not be treated as private assets for negotiation behind closed doors.
LSK maintained that the demonstration was lawful and fell squarely within constitutional protections for assembly, expression, and association.
The society further demanded an immediate halt to harassment of civic actors and called for a full public audit of the proposed Bomas expansion project.
Shortly after the arrest, the LSK Council mobilised a legal response team that proceeded to Lang’ata Police Station to demand the release of those detained.
The intervention involved senior officials including Vice President Faith Odhiambo, council members, and other legal professionals who converged at the station to secure compliance with constitutional safeguards.
In an evening update, the Law Society confirmed that Chief Justice Emeritus Maraga and the eight activists were released on free bond without any charges.
They are expected to report back to the police in two weeks as investigations continue.
LSK noted that Maraga’s continued presence in custody until all detainees were freed reflected solidarity with fellow activists and underscored concerns over selective enforcement of the law.
The Society reiterated its position that Article 37 guarantees every Kenyan the right to assemble, demonstrate, picket, and present petitions to public authorities without interference, provided such actions remain peaceful and unarmed.
The arrest has also drawn attention to ongoing disputes surrounding land use within protected ecosystems, particularly Nairobi National Park, where environmental groups have repeatedly raised concerns over encroachment and development pressures.
LSK reaffirmed its commitment to remain on the “frontlines of constitutional defence,” vowing to protect the rule of law, civic freedoms, and public resources from what it described as unlawful interference.