Former Chief Justice David Maraga has launched a scathing critique against President William Ruto's administration following the signing of eight contentious bills into law on Tuesday, October 15, 2025, the same day Kenyans mourned the passing of former Prime Minister Raila Odinga. Maraga described the timing as 'shameful' and the laws themselves as 'draconian' and a betrayal of the 2010 Constitution.

Speaking at a press conference in Nairobi on Tuesday, October 21, 2025, Maraga, who has declared his intention to run for president in 2027, accused President Ruto of undermining constitutionalism and eroding Kenya's sovereignty. He specifically highlighted the Computer Misuse and Cybercrimes (Amendment) Act, 2024, and the Privatisation Act, 2025, as particularly alarming.

Historical and Political Context

The enactment of these laws has ignited a national debate, with critics questioning the speed and timing of their passage, especially given the national mourning period for Odinga. The President, however, stated on his official X account that the new laws would 'reinforce our collective commitment to address historical injustices, entrench equity and transparency, and accelerate our national development agenda.'

This is not the first time Maraga has voiced concerns about the current administration's approach to governance. In September 2025, he called on the Ruto administration to cease abusing courts and anti-terrorism laws, particularly in relation to the arrests of youth during anti-government protests.

Laws, Policy, and Governance

Among the eight bills assented to by President Ruto are the Computer Misuse and Cybercrimes (Amendment) Act, 2024, the Privatisation Act, 2025, the Land (Amendment) Act, 2024, and the National Land Commission (Amendment) Act, 2023. Other laws include the Wildlife Conservation and Management (Amendment) Act, 2023, the National Police Service (Amendment) Act, 2024, the Air Passenger Service Charge (Amendment) Act, 2025, and the Virtual Asset Service Providers Act, 2025.

Maraga argued that the Computer Misuse and Cybercrimes (Amendment) Act, 2024, is designed to stifle free speech and crush political dissent under the guise of combating cybercrime. He pointed to Section 6J(a) of the Act, which grants the cybercrime committee powers to shut down websites, blogs, and social media platforms for allegedly promoting hate, effectively making the committee investigator, prosecutor, and judge.

Regarding the Privatisation Act, 2025, Maraga warned that it dangerously concentrates power in the hands of the Treasury Cabinet Secretary and the Privatisation Authority, allowing for the sale of public assets without sufficient parliamentary oversight or public participation. He accused the government of 'bottomless greed' and a plan to auction public entities to cronies.

The Land (Amendment) Act, 2024, introduces significant changes to land ownership, including the proposed conversion of freehold land to leasehold for up to 99 years, subject to annual land rent. While proponents argue this will improve registration systems and enhance government oversight, critics raise concerns about its implementation.

Stakeholders and Testimonies

Former Chief Justice Maraga, speaking for the Green Movement Party of Kenya, asserted that President Ruto has 'lost legitimacy to continue leading this country' due to his disregard for the Constitution.

Civil society organisations and legal experts have echoed Maraga's concerns. Reuben Kigame, a presidential aspirant, and the Kenya Human Rights Commission (KHRC) have already filed a High Court petition challenging the constitutionality of the Computer Misuse and Cybercrimes (Amendment) Act, 2024, citing violations of articles protecting privacy, freedom of expression, and media independence.

Conversely, government officials have defended the Computer Misuse and Cybercrimes (Amendment) Act, 2024, stating it modernises Kenya's cyber framework to address rising online fraud and digital crime. They argue that the law allows for pre-emptive shutdowns of platforms facilitating criminal activity, including child pornography and terrorism.

Evidence and Data

• **Computer Misuse and Cybercrimes (Amendment) Act, 2024:** Grants government agencies broader authority to access and restrict online accounts and allows for pre-emptive shutdowns of websites suspected of promoting illegal activities.

• **Privatisation Act, 2025:** Enables the government to sell state-owned enterprises without requiring fresh parliamentary approval, giving the Treasury Cabinet Secretary significant power over the privatisation program.

• **Land (Amendment) Act, 2024:** Proposes the conversion of most private freehold land to leasehold for up to 99 years, subject to annual land rent.

• **Assent Date:** All eight bills were signed into law by President William Ruto on Tuesday, October 15, 2025.

Risks and Implications

The new laws carry significant risks for democratic governance and individual liberties in Kenya. The Computer Misuse and Cybercrimes (Amendment) Act, 2024, could be weaponised to suppress dissent, control online activism, and limit media freedom, potentially reversing gains made in freedom of expression.

The Privatisation Act, 2025, raises concerns about transparency and accountability in the sale of public assets, with fears that it could lead to politically driven asset sales and a loss of national sovereignty over strategic state corporations.

The Land (Amendment) Act, 2024, while aiming to streamline land administration, could face challenges in fair execution and may spark public apprehension regarding land ownership rights.

Unknowns and Controversies

A key controversy revolves around the timing of the presidential assent, which occurred on the same day the nation was mourning the death of former Prime Minister Raila Odinga. Critics argue this was a deliberate move to push through unpopular legislation with minimal public scrutiny.

The extent of public participation in the legislative process for these bills has also been questioned, with Maraga and other critics alleging insufficient engagement with citizens.

Timeline and Next Steps

• **Tuesday, October 15, 2025:** President William Ruto assents to eight bills, including the Computer Misuse and Cybercrimes (Amendment) Act, 2024, and the Privatisation Act, 2025.

• **Tuesday, October 21, 2025:** Former Chief Justice David Maraga criticises the new laws and pledges support for legal challenges.

• **Ongoing:** Reuben Kigame and the Kenya Human Rights Commission (KHRC) file a High Court petition challenging the Computer Misuse and Cybercrimes (Amendment) Act, 2024.

What to Watch

The legal challenges against the Computer Misuse and Cybercrimes (Amendment) Act, 2024, and potentially other newly enacted laws, will be crucial in determining their fate. The judiciary's interpretation of these laws against the backdrop of the Kenyan Constitution will be closely watched. Furthermore, public reaction and potential organised resistance to the implementation of these laws, particularly those perceived to curtail freedoms, will be significant.