Chief Justice Emeritus David Maraga has criticized the state for arresting and charging software developer Rose Njeri over her role in promoting public participation in the 2025 Finance Bill. Instead, he argued, Njeri should be celebrated for her efforts.
Defending Njeri in court, Maraga expressed disbelief at the prosecution’s decision to arraign her, noting that the charge sheet failed to outline any actual offense.
“Before you came in, we were discussing whether Rose should really be in the dock, or if she should be honored for the commendable work she has done,” Maraga told Magistrate Onsarigo.
Maraga emphasized that public participation is a constitutional requirement in the finance bill process, and that Njeri’s actions distributing electronic copies of the bill to the public enhanced transparency and public awareness.
“In our view, instead of facing charges, she should be applauded for doing the work of Parliament, its committees, and other institutions tasked with gathering public views,” he said.
He further warned the court about the dangers of defective charges, like the one Njeri is facing, pointing out that such cases allow police to detain individuals for days without valid cause. He noted that even if a case is eventually dismissed, the accused still suffers significant harm.
Calling the prosecution’s actions an abuse of court processes, Maraga urged the magistrate to release Njeri on a personal bond
