Maraga: Alleged entry of Jubaland Forces undermines Kenya’s sovereignty

Former Chief Justice David Maraga has expressed concern over the alleged presence of Jubaland forces in Mandera County, describing it as a potential violation of Kenya’s constitutional rights and territorial integrity.

Tensions have been rising in Mandera in recent days following claims that armed personnel from Jubaland, a federal member state of Somalia, may have crossed into Kenyan territory.

Mandera Governor Mohamed Khalif on Friday voiced alarm over the alleged presence of foreign forces, warning that their continued stay could undermine Kenya’s sovereignty and pose risks to residents.

However, the Jubaland administration has denied the allegations.

Speaking to the BBC Somali service on Saturday, Jubaland Vice President Mohamed Sayid stated that their forces remain stationed near the border and have not entered Kenya.

“Our forces have not crossed into Kenyan territory but are near the border. We are in communication with the Mandera security committee led by the county commissioner. Residents have no reason to fear for their security and safety,” Sayid said.

In a statement issued Wednesday, Maraga said the reported entry and operations of foreign armed personnel in Mandera raise serious constitutional, legal, and security concerns.

“As a sovereign state, Kenya’s borders are inviolable,” he said.

“The protection of our territorial integrity is a fundamental duty imposed on the President and all state organs by our Constitution. I therefore call upon President William Ruto to ensure the prompt withdrawal of any foreign forces from Kenyan soil.”

Maraga also urged Parliament to demand a full account of the situation, emphasising the importance of transparency and adherence to constitutional procedures in matters of national security.

He cited Article 238 of the Constitution, which outlines the primary objective of national security as safeguarding Kenya’s sovereignty and territorial integrity, and protecting its people.

“A serious violation of the country’s sovereignty sets a dangerous precedent that could embolden external actors to interfere with internal affairs and weaken public confidence,” Maraga said.

“To our brothers and sisters in Mandera, and indeed all Kenyans, your rights, dignity, and safety are non-negotiable. No part of our Republic is less Kenyan than another, and no community should feel abandoned or exposed due to unconstitutional decisions.”

He concluded by underscoring the importance of national unity and vigilance: “Kenya’s sovereignty and security are a prerequisite to our nation’s prosperity. As leaders and citizens alike, we must jealously guard the people’s power for present and future generations.”