Retired Chief Justice and Presidential hopeful David Maraga has warned that Kenya risks sliding back to autocratic leadership following the enactment of eight new laws.
Maraga has asked Kenyans to resist the new laws that were assented to by President William Ruto last week, on the same day that former Prime Minister Raila Odinga passed on.
He has specifically cited the amended Cybercrimes Act and Privatisation Act, which he claimed are aimed at muzzling the freedoms of Kenyans.
The Ex-CJ argued that such clauses contradict Articles 33, 47 and 50 of the Constitution, which guarantee freedom of expression, right to fair administrative action, right to fair trial, warning that the law could be used to intimidate journalists, bloggers, and online publishers critical of government policies.
“The Cybercrimes Act, as signed, betrays the spirit of the Constitution and the values of democracy. Granting the Executive unchecked power to close websites is not about protecting Kenyans; it’s about silencing dissent and controlling information,” he said.
He added, “Today it’s about websites, tomorrow it will be social media accounts and digital newsrooms. We cannot build a transparent nation by criminalising opinion.''
The Chief Justice Emeritus said he was aware that the set of laws would be challenged, saying he joins individuals who have moved to the Judiciary seeking to quash the new legislation.
“We are aware efforts are underway to seek court intervention, and we fully support these efforts.”
Addressing journalists at a Nairobi hotel on Tuesday afternoon, Maraga termed Ruto’s move to assent the bills into law as a shame, given that they seek to take away the very liberties that the ex-PM fought for.
“These amendments are unconstitutional, null, and void,” the former CJ quipped.
“It is a mockery of the ideals that Raila fought for, and a mockery of the 2010 Constitution we swore to protect. We cannot allow these freedoms to be buried silently with Raila,” he added.
On 15th October 2025, Ruto signed the eight bills into law, which include the National Land Commission (Amendment) Bill, 2023; Land (Amendment) Bill, 2024; Wildlife (Amendment) Bill, 2023; Computer Misuse and Cybercrimes (Amendment) Bill, 2024; National Police Service Commission (Amendment) Bill, 2024; Air Passenger Service Charge (Amendment) Bill, 2025; Virtual Asset Service Providers Bill, 2025; and the Privatisation Bill, 2025.
The Computer Misuse and Cybercrimes (Amendment) grants, among others, the government agencies the power to access and restrict online accounts assumed to be spreading misinformation or posing cybersecurity threats.
On the privatisation law, Maraga warned about a plot to ‘rob Kenyans’ through the dubious sale of public entities, even as Parliament turned a blind eye.
“The government is out to rob Kenyans, as the Act even exempts disclosure of the names of buyers. If they sell to themselves or their proxies, the Kenyan people will never know.”
“Prosperity will not come by selling our strategic assets but by empowering Kenyans. We remind the State that sovereignty belongs to the people. The power lies with us and not with Parliament, the Executive, or foreign investors," Maraga said.
