Former Chief Justice David Maraga has broken his silence on the swirling rumors of a constitutional amendment, issuing a blistering warning to the Kenya Kwanza administration against any “underhand” moves to extend President William Ruto’s time in office.
Maraga, a man whose name is synonymous with the defense of the 2010 Constitution, cautioned that any attempt to tinker with the two-term limit – whether through a parliamentary process or a “stage-managed” referendum – would be a direct assault on the sovereignty of the Kenyan people.
Speaking on Monday, December 29, the retired CJ addressed the growing narrative from some of the President’s allies who have suggested that five years is “too short” to implement the “Hustler” agenda.
“The term limit is not a suggestion; it is a fundamental pillar of our democracy designed to prevent the return of life presidencies,” Maraga stated. “Any move to extend the term from five to seven years, or to scrap the limits altogether, cannot be done through a back door in Parliament. It requires a referendum where Kenyans, not politicians, have the final say.”
Maraga’s comments come on the heels of several UDA-affiliated legislators hinting at the “need for continuity,” a sentiment that has triggered a fierce backlash from civil society and the opposition.
A Calculated “Testing of Waters”?
Political analysts view the recent chatter about a referendum as a “balloon test” by the government to gauge public appetite for constitutional changes. By introducing the idea through “fringe” lawmakers, the administration can maintain plausible deniability while the idea takes root.
However, Maraga warned that this “testing of waters” is a dangerous game. “We have seen this script before in other parts of the continent. It starts with small talks of ‘more time for development’ and ends with the erosion of the rule of law. We must guard our Constitution with everything we have,” he urged.
While President Ruto has publicly distanced himself from the term-limit debate – stating as recently as December 2 that he is “ready to retire” when his time is up – the persistence of the narrative from his close inner circle has kept the country on edge.
Critics point out that the President has previously used the “broad-based” government strategy to neutralize opposition, potentially clearing the path for a massive constitutional overhaul without significant resistance in the House.
Maraga: The 2027 Wildcard?
Interestingly, Maraga’s vocal defense of the Constitution comes at a time when he is increasingly being seen as a potential political player. Having already declared that he “will not bow to pressure” regarding his own 2027 presidential bid, the former CJ is positioning himself as the ultimate “guardian of the law.”
“Kenyans are tired of being treated like spectators in their own country’s governance,” Maraga added. “If the leadership is more obsessed with the next election than the next generation, then they have failed the test of leadership.”
Under Article 255 of the Constitution, any amendment that touches on the term of office of the President must be subjected to a referendum.
As the year 2025 draws to a close, the “Referendum Ghost” is officially back to haunt the political corridors of Nairobi. Whether it’s a genuine push for change or a strategic distraction, one thing is certain: David Maraga has signaled that he – and the judiciary’s legacy he represents – will be the biggest hurdle for anyone trying to rewrite the rules of the game.
