By Issa Hussein - Reporter
Kenya, 8 June 2026 - The Law Society of Kenya (LSK) has strongly condemned the arrest of Chief Justice Emeritus David Maraga and several environmental activists during a protest against the alleged allocation of 76 acres of land associated with Nairobi National Park for a proposed development project.
The lawyers' body described the arrests as an attack on constitutional freedoms and civic space, arguing that the demonstrators were exercising their right to peaceful assembly and expression as guaranteed under the Constitution.
In a statement, LSK President Charles Kanjama criticized the decision by police to arrest Maraga and other protesters who were opposing what they termed the irregular allocation of public land for a Sh42 billion project reportedly being undertaken without adequate public participation.
"The Law Society of Kenya strongly condemns the shocking arrest of Chief Justice Emeritus David Maraga and environmental activists protesting the irregular allocation of 76 acres of Nairobi National Park," Kanjama said.
He expressed concern over the treatment of the retired Chief Justice, saying the arrest sent the wrong signal about the state's respect for constitutional rights and democratic participation.
"Bundling a retired head of our Judiciary into a police vehicle for peacefully opposing a Sh42 billion project, reportedly pushed through without public participation, is a direct assault on the civic space guaranteed under Article 37 of the Constitution," he said.
The LSK maintained that national heritage sites should be protected and decisions affecting them subjected to public scrutiny and consultation.
"National heritage sites are not state property to barter behind closed doors," Kanjama added.
The society said it had immediately deployed a legal team to Lang'ata Police Station to secure the release of those arrested.
Kanjama also commended Maraga for reportedly declining to leave police custody until all activists arrested alongside him were released.
"I commend the Chief Justice Emeritus for refusing to leave custody until all those arrested with him are freed," he said.
The lawyers' body called for the unconditional release of all detained protesters and demanded an end to what it termed harassment of civic actors and constitutional defenders.
LSK further called for a transparent public audit of the proposed Bomas expansion plan, which has sparked controversy among environmentalists and conservation groups concerned about its potential impact on protected areas and public land.
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"The LSK will not stand by while police force is weaponized against constitutional defenders," Kanjama said.
The protest comes amid growing public debate over development projects affecting environmentally sensitive areas and the need for adherence to environmental laws, public participation requirements, and constitutional safeguards.
By Monday evening, authorities had not issued an official statement regarding the arrests or the concerns raised by the protesters. Environmental groups and civil society organizations, however, continued to call for transparency and accountability in decisions affecting national heritage and conservation areas.
Former Chief Justice David Maraga, who is eyeing for President in the 2027 General Election, was on Monday arrested alongside several activists who were protesting the proposed plan to excise 76 acres from Nairobi National Park to create room for parking lots.
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