Former Attorney General and ex-National Assembly Speaker Justin Muturi has called for the initiation of legal proceedings against President William Ruto, citing constitutional provisions and recent state-sponsored violence against protesting youth.
Speaking during the burial of Deputy President Rigathi Gachagua’s maternal aunt in Nyeri County on Saturday, July 5, 2025, Muturi urged legal actors to prepare charges against the head of state, asserting that presidential immunity under Article 143 of the Constitution is not absolute.
It is high time we began preparing charges against William Ruto,” Muturi declared. “The immunity in Article 143 is specifically removed by Clause 4. He can be charged.”
Calls for Justice Amid Youth Crackdown
His remarks come in the wake of national unrest following violent crackdowns on youth-led anti-government protests, in which dozens of young Kenyans, some as young as 24, have been arrested, injured, or killed in recent weeks.
Muturi condemned the state’s heavy-handed approach, saying it threatens the moral and legal foundations of the nation.
“We cannot have the children, hawa watoto, being treated like this. This is the future of this country. We cannot make it business as usual,” he said.
He went further to call the current crackdown a “monumental atrocity” and warned that silence from leaders amounts to complicity.
“Silence is complicity. We cannot remain silent,” he told mourners, referencing dozens of deaths, arbitrary arrests, and harassment reported during protests since late June.
Citing Murkomen’s Remarks as Evidence
Muturi also pointed to recent controversial remarks by Interior Cabinet Secretary Kipchumba Murkomen, which he said reveal direct command responsibility from the highest offices.
“Juzi, Murkomen akiongea pale Kikuyu alisema, ‘Mtu akikaribia police station, piga risasi.’ Na watu walipopiga kelele, alisema, ‘Mkiona nikiongea, imetoka juu.’ Juu ni wapi kwingine?”
Muturi argued that command responsibility, a doctrine of international law holding leaders accountable for the actions of their subordinates, must be invoked in this case.
A Legal and Political Crossroads
Muturi’s intervention adds a powerful legal voice to growing calls for accountability from civil society, legal associations, and international observers, many of whom have accused the Kenyan government of committing human rights violations during peaceful protests.
Although Article 143 of Kenya’s Constitution provides sitting presidents with immunity from civil and criminal proceedings, Clause 4 explicitly excludes international crimes and instances where legal proceedings are initiated under constitutional or treaty obligations.
Muturi’s statement is expected to intensify debate over whether President Ruto can be held personally liable for the actions of security agencies under his command, especially as Kenya awaits investigative reports from IPOA, KNCHR, and Amnesty International on the June–July 2025 protest deaths.
