Former Chief Justice Willy Mutunga has rebuked the government following the arrest of 35-year-old software developer Rose Njeri.
Taking to his official X account on the night of Saturday, May 31, 2025, Mutunga accused the authorities of violating the 2010 Constitution and effectively “overthrowing” it through their actions.
Njeri was on Friday, May 30, arrested and detained at Pangani Police Station for creating an online platform for Kenyans to submit their views on Finance Bill 2025, a move that has sparked widespread outrage among activists and legal experts.
Constitution violation
Mutunga argues that the government is in violation of Articles 32(1) and 33(1)(a) of the Kenyan constitution.
He further stated that Njeri, as a single mom, has had her two children denied care and protection due to their mother’s continued detention.
“Our government finds the Constitution inconvenient. I believe the government is in violation of Articles 32(1), 33 (1) (a). As a single mom, her two children are denied “care and protection”. Our government is telling us loud and clear that it has overthrown the constitution,” Mutunga stated.
Kibwana slams Ruto
Mutunga was responding to former Makueni County Governor Kivutha Kibwana, who had earlier questioned the government’s sincerity after it issued an apology to Gen Z activists only to arrest Njeri the following day.
In a pointed statement posted on X on Saturday, May 31, 2025, Kibwana questioned the sincerity of the president’s recent overture to Gen Z Kenyans.
“WHAT IS THE MEANING OF AN APOLOGY TO GEN Zs TODAY AND AN ARREST OF ROSE NJERI LITERALLY THE NEXT DAY FOR PROMOTING PUBLIC PARTICIPATION UNDER ARTICLES 1, 201(a),10, 69, 118, 196 of Constitution 2010 and in other laws eg Public Finance Management Act, County Govts Act etc,” Kibwana wrote.
Rose Njeri’s arrest
Njeri, a civic activist, had launched a website titled “Objection to the Finance Bill 2025 (National Assembly Bills No. 19 of 2025),” which encouraged citizens to submit formal objections and feedback directly to government institutions as part of the public participation process mandated by Kenya’s Constitution.
Her arrest by officers from the Directorate of Criminal Investigations (DCI) on Friday, May 30, 2025, triggered a social media storm and prompted swift intervention from the Law Society of Kenya (LSK).
LSK President Faith Odhiambo said in a statement on Saturday that the organisation had received several distress calls from members of the public who witnessed the incident.
She noted that the society immediately formed a legal team to trace Njeri’s whereabouts and secure her release.
Odhiambo further stated that the search was hindered by deliberate obstruction from law enforcement.
“The officers who arrested Njeri deliberately obstructed her access to legal counsel, making it extremely difficult for her to be located,” she said. It was not until around 8 pm on Friday that the LSK confirmed Njeri was being held at Pangani Police Station in Nairobi.
Just two days earlier, on May 28, 2025, during the National Prayer Breakfast held at Nairobi’s Safari Park Hotel, President Ruto had offered what was widely seen as a conciliatory message to the country’s youth.
“To our children, if there is any misstep, we apologise,” Ruto said.
