A political tempest is brewing after Suna East MP Junet Mohamed publicly derided the fledgling presidential campaign of former Chief Justice David Maraga, stating he feels pity watching the retired jurist campaign. The remarks, made on Tuesday, have ignited a fierce debate over the propriety and legality of a former head of the Judiciary seeking the nation's highest office.

The controversy strikes at the heart of a critical question for Kenyan democracy: What role should esteemed retired public figures play in the political landscape? While Mr. Maraga has positioned himself as a moral alternative to the current political class, Mr. Mohamed’s comments frame his candidacy as a descent from a position of dignity. "When I see the former chief justice sometimes campaigning and he's addressing 10 people, I feel pity for him," Mr. Mohamed noted, suggesting that senior retired officers should carry themselves with a certain decorum away from the political fray.

A New Political Battleground

This public clash is more than just political theatre; it exposes a deep-seated constitutional and ethical dilemma. Kenya's Constitution, under Article 38, grants every citizen the unequivocal right to make political choices, including running for office. However, the conduct of retired high-ranking officials, particularly those from the Judiciary, is uncharted territory, raising questions about the separation of powers and the perceived neutrality of the offices they once held.

Homa Bay Town MP Peter Kaluma has echoed Mr. Mohamed's sentiments, previously urging Mr. Maraga to enjoy his retirement benefits quietly and avoid activism. Critics argue that by entering the political ring, a former Chief Justice risks politicizing the Judiciary by association, potentially eroding public trust in the institution he once led.

Maraga's Unapologetic Campaign

Despite the criticism, David Maraga is pressing forward with his 2027 presidential bid. He has formally joined the United Green Movement (UGM) party and launched a public fundraising platform to support his campaign, which he frames as a movement to "Reset, Restore, and Rebuild Kenya." His campaign is heavily targeting the youth, with a message centered on restoring constitutionalism, fighting corruption, and creating a government of professionals.

Supporters, including former Law Society of Kenya (LSK) President Nelson Havi, have lauded Mr. Maraga's entry into politics, viewing him as a figure of integrity needed to reform the country. Maraga himself has defended his decision, stating it was born of reflection on the country's governance failures and the need for accountable leadership.

The Legal Gray Area

While the Presidential Retirement Benefits Act prohibits a retired president from holding a political party office for more than six months after leaving office, no such explicit restriction exists for a retired Chief Justice. This legal ambiguity leaves the matter open to interpretation. Constitutional lawyers are divided, with some arguing that any restriction on Mr. Maraga's political rights would be unconstitutional, while others express concern over the precedent it sets for the Judiciary's independence.

As the 2027 election cycle begins to warm up, this debate is set to intensify. Mr. Maraga's campaign will serve as a real-time test of whether Kenyans are ready to accept a former guardian of the constitution as a political contender. The outcome could reshape the unwritten rules that govern the public lives of Kenya's most senior retired officials.