Former Kenyan Chief Justice David Maraga has accused Tanzanian President Samia Suluhu of benefiting from what he called a “constitutional flaw” that denied citizens a fair electoral process.

Speaking during an interview on TV47 on Tuesday evening, Maraga claimed Suluhu’s rise to power was “not through the will of the people” but through a legal system that shuts out court challenges to presidential results.

“If the Tanzanian Constitution had allowed presidential election petitions like Kenya’s, that election would easily have been declared illegitimate,” he said. “Their law does not allow anyone to challenge the presidential outcome, and that’s a big mistake.”

Maraga argued that this gap effectively stripped Tanzanians of the right to contest what he described as a deeply flawed election process. He went further to say that President Suluhu “has not obtained the legitimacy of the Tanzanian people.”

The former Chief Justice contrasted the Tanzanian setup with Kenya’s, where the Supreme Court plays a decisive role in determining disputed presidential results.

Maraga also criticised Suluhu’s government for blaming foreigners for the wave of protests that have rocked Tanzania following the election. “Samia Suluhu is living in denial,” he said. “If it were foreigners protesting, it would be different. She is just slandering us.”

He added that the administration’s crackdown on demonstrators through “killings and arrests” reflected an outdated approach to leadership, out of step with an increasingly aware population.

“The idea that you can silence people into submission is no longer sustainable,” Maraga said. “We’ve seen this story before in Kenya, Madagascar, even Nepal. People want their voice heard.”

Suluhu was sworn in for a new term on Monday, 3 November, after an election marred by violence, low turnout, and widespread claims of rigging. Several observers, including the Southern African Development Community (SADC), said the poll fell short of democratic standards.

As Tanzania’s political tensions deepen, Maraga’s comments add to a growing regional debate over the health of democracy and the rule of law in East Africa.