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Former CJ Maraga warns of constitutional breach over Jubaland troops in Kenya

Moureen Koech by Moureen Koech
September 3, 2025
in News
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Former Chief Justice David Maraga |Photo(X)

Former Chief Justice David Maraga has raised alarm over reports of armed Jubaland forces operating inside Mandera County, warning that the move amounts to a violation of Kenya’s sovereignty and a breach of the Constitution.

In a strongly worded statement on Wednesday, Maraga said the protection of Kenya’s territorial integrity is a fundamental duty imposed on the President and all state organs and questioned how foreign forces could be allowed into the country without public disclosure or parliamentary approval.

“I call upon President William Ruto to take immediate and decisive steps to ensure the prompt withdrawal of Jubaland forces from Kenyan territory,” Maraga said.

He further urged Parliament to demand a full account from the President, insisting that matters of national security must always be anchored in transparency, accountability and strict adherence to the law.

Quoting Article 238 of the Constitution, the former Chief Justice underscored that the primary objective of national security is to safeguard the sovereignty and territorial integrity of Kenya and to protect its people.

“Allowing foreign armed forces to operate within our borders without constitutional sanction is a grave violation that sets a dangerous precedent. It risks emboldening external actors to interfere in our internal affairs and undermines citizens’ confidence in the State’s capacity to guarantee their safety and security,” he said.

Maraga assured residents of Mandera and other border regions that their rights and safety remain non-negotiable, adding that no community should feel abandoned or exposed because of what he termed “unconstitutional decisions” by the government.

“Kenya’s sovereignty and security are the bedrock of our nation’s stability and prosperity. We must, as leaders and citizens alike, jealously guard the people’s power for present and future generations,” he concluded.

Leaders and former state officials have also raised their concerns about this matter, calling on President Ruto to act promptly.

Mandera Governor Adan Khalif claimed that the forces are crippling activities in the county, posing a security risk to residents.

“Mandera cannot be turned into a battleground for Somalia. We have no interest in Somalia, we have no business to be involved in their internal affairs,” said Khalif.

Similarly, Former Deputy President Rigathi Gachagua questioned the militia’s presence, urging Ruto to deploy the Kenya Defence Forces (KDF) to Mandera to expel the forces allegedly operating within the town.

“It cannot be that forces from Somalia can come into Kenya and occupy our land and terrorize our people. Yet the government is quiet and the leaders of Mandera are quiet,” Gachagua stated.


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Moureen Koech

Moureen Koech

Moureen Koech is a digital journalist who delivers clear, engaging and timely stories for online audiences. She focuses on human-interest features, current affairs and digital trends, ensuring every story is accurate and impactful.

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