Former CJ Mutunga criticizes government over Rose Njeri’s arrest

Former Chief Justice Willy Mutunga has sharply criticized the government over the arrest of 35-year-old software developer Rose Njeri.

In a statement posted on his official X account on the night of Saturday, May 31, 2025, Mutunga accused state authorities of disregarding the 2010 Constitution, alleging that their conduct amounts to its systematic overthrow.

Rose Njeri was arrested on Friday, May 30, and held at Pangani Police Station after allegedly developing an online platform allowing Kenyans to share their opinions on the Finance Bill 2025, an action that has drawn sharp criticism from activists and legal professionals across the country.

Mutunga contends that the government’s actions breach Articles 32(1) and 33(1)(a) of the Kenyan Constitution, which safeguard freedom of conscience and expression.

He also expressed concern over the welfare of Njeri’s children, noting that her continued detention has deprived them of necessary care and protection.

"Our government finds the Constitution inconvenient. I believe it is in violation of Articles 32(1) and 33(1)(a). As a single mother, her two children are being denied care and protection," Mutunga said.

"The government is clearly signaling that it has effectively overthrown the Constitution."

Mutunga’s remarks came in response to former Makueni Governor Kivutha Kibwana, who had earlier challenged the government’s credibility following the arrest of Rose Njeri, just a day after it issued an apology to Gen Z activists.

In a strongly worded post on X dated Saturday, May 31, 2025, Kibwana questioned the authenticity of President Ruto’s recent outreach to young Kenyans.

"What is the meaning of an apology to Gen Zs today and the arrest of Rose Njeri the very next day for promoting public participation under Articles 1, 10, 69, 118, 196, and 201(a) of the 2010 Constitution, as well as provisions in laws such as the Public Finance Management Act and the County Governments Act?" Kibwana posed.

Njeri, a civic tech activist, had developed a website titled “Objection to the Finance Bill 2025 (National Assembly Bills No. 19 of 2025),” aimed at facilitating public participation by enabling citizens to submit formal objections and feedback directly to government bodies, in line with constitutional requirements.

Her arrest by officers from the Directorate of Criminal Investigations (DCI) on Friday, May 30, 2025, sparked widespread backlash online and prompted immediate intervention by the Law Society of Kenya (LSK).

In a statement issued on Saturday, Law Society of Kenya (LSK) President Faith Odhiambo revealed that the organisation received multiple distress calls from concerned members of the public who witnessed Rose Njeri’s arrest.