Former CJ Maraga Claims Constitutional Loophole Handed Samia Suluhu Illegitimate Presidency

Former Chief Justice and presidential hopeful David Maraga has launched a fierce attack on Tanzanian President Samia Suluhu, accusing her of ascending to power through a constitutional weakness that denied Tanzanians their democratic right to challenge election results.

Speaking during an interview on TV47 on Tuesday evening, Maraga claimed that Suluhu’s presidency lacks the legitimacy of the people and exists only because Tanzania’s Constitution bars court petitions against presidential election outcomes—a move he said makes elections meaningless and unaccountable.

Suluhu was sworn in as Tanzania’s president on Monday, November 3, following an election marred by allegations of massive rigging and premeditated violence. The vote reportedly left several people dead and many injured, with opposition leaders calling it a sham exercise. [Photo/Courtesy]

Maraga Says Suluhu’s Autocratic Rise Exposes Tanzania’s Constitutional Weakness

Maraga compared Kenya’s democratic framework to Tanzania’s, pointing out that the Kenyan Constitution gives citizens the right to challenge presidential results in court—a safeguard he credited with keeping the system accountable.

According to him, the absence of a similar mechanism in Tanzania is the root cause of the ongoing unrest and public mistrust in the leadership of President Suluhu.

“If the Tanzanian Constitution had allowed presidential court cases like Kenya, the elections would easily have been declared illegitimate,” Maraga said. “Their constitution does not allow a petition challenging the presidential election, and that is a big mistake.”

He insisted that this legal limitation robbed Tanzanians of their voice. “If the people have not been given the chance to choose who they want, like Mama Suluhu has not obtained the legitimacy of the Tanzanian people,” he added.

The former CJ’s remarks come amid mounting criticism against the Tanzanian government for its response to widespread demonstrations demanding electoral reforms and political freedoms. Maraga’s position signals his growing influence in regional politics, where his legal background lends weight to his opinions on governance and democracy.

Suluhu’s Illegitimate Presidency Questioned by Maraga

Maraga did not mince his words when labeling Suluhu an “illegitimate Head of State.” He accused her of living in denial by blaming ongoing protests in Tanzania on foreign interference instead of accepting domestic discontent. According to him, such statements insult the intelligence of Tanzanians who are demanding accountability and change.

“Samia Suluhu is living in denial. If it were foreigners protesting and Tanzanians denying it, it would be something different. She is just slandering us,” he said.

He further challenged the Tanzanian leader to confront the reality that citizens are increasingly aware of their rights and cannot be silenced by fear or propaganda.

“Even in Kenya, when we had protests, there were foreigners here, but we did not say that they were the ones who brought violence,” he remarked. “The things we see in Tanzania are not new; we have also seen them in Madagascar and even Nepal.”

Maraga’s bold criticism positions him as one of the few regional leaders openly questioning Suluhu’s democratic record, particularly amid international concern over the government’s crackdown on dissent and allegations of extrajudicial killings.

Former CJ Condemns Murders and Arrests of Protesters

The ex-Chief Justice also took issue with the Tanzanian government’s alleged strategy of silencing protesters through violence, calling it a step backward for democracy in East Africa. He condemned the killings and arrests of demonstrators, saying the government’s actions only strengthen the perception of illegitimacy surrounding Suluhu’s presidency.

Maraga emphasized that the use of brute force in a modern society where citizens have access to information and global solidarity networks is both outdated and dangerous. “Suppressing people’s voices through intimidation and murder is a relic of colonial leadership. It has no place in today’s world,” he warned.

According to him, the growing wave of protests in Tanzania is an inevitable outcome of citizens rejecting injustice and demanding electoral reforms. He urged African nations to learn from Kenya’s experience with constitutional reforms that made the government more accountable through judicial oversight.

Elections Marred by Violence and Alleged Rigging

Suluhu was sworn in as Tanzania’s president on Monday, November 3, following an election marred by allegations of massive rigging and premeditated violence. The vote reportedly left several people dead and many injured, with opposition leaders calling it a sham exercise. Despite these accusations, the absence of a legal mechanism to challenge the results meant that the ruling party’s victory stood uncontested.

Maraga argued that such a system undermines democracy and leaves citizens powerless. “An election that cannot be challenged is not an election—it is an appointment,” he remarked during the TV interview.

Political analysts have noted that Maraga’s critique may further strain diplomatic relations between Nairobi and Dodoma. However, many Kenyans online praised him for boldly addressing what others fear to say openly.

Final Word

Maraga’s statements underline a growing debate over the state of democracy in East Africa. His insistence that Suluhu’s presidency lacks legitimacy has reignited conversations about constitutional reforms, judicial independence, and the role of citizens in holding their governments accountable.

Whether his words will push Tanzania toward reforms or invite diplomatic backlash remains to be seen. But for now, Maraga has positioned himself as a powerful voice for democracy in the region—unafraid to challenge leaders who, in his view, ride to power on flawed systems rather than genuine public will.