Controversial Laws Signed Amidst National Mourning

President William Ruto assented to eight controversial bills on Wednesday, October 15, 2025, a day marked by national grief following the death of veteran opposition leader Raila Odinga. Among the laws signed was the Computer Misuse and Cybercrimes (Amendment) Act, 2024, which critics contend threatens freedom of expression and media freedom by granting authorities broad powers to block websites and social media platforms without court orders.

Former Chief Justice David Maraga sharply criticised the President's actions, accusing him of betraying the Constitution and eroding Kenya's sovereignty. Maraga stated that the timing of the signings, while the nation grappled with Odinga's demise, was a 'shame' and that the true intent of the Cybercrimes Act was to control political dissent.

Martha Karua, leader of the People's Liberation Party and a co-principal in the United Opposition, echoed these sentiments, alleging that Odinga had privately expressed unease with the Ruto administration despite public engagements. She argued that honouring Odinga's legacy requires upholding his values of defending civil liberties, not merely offering posthumous praise.

Historical and Political Context

Raila Odinga, who died at the age of 80 in India, was a towering figure in Kenyan politics, known for his decades-long fight for multi-party democracy and constitutional reforms. His political career was marked by periods of detention without trial under the Moi regime and multiple unsuccessful bids for the presidency, often alleging electoral fraud.

In March 2025, Odinga's Orange Democratic Movement (ODM) entered into a political pact with President Ruto's ruling United Democratic Alliance (UDA), leading to the formation of a 'broad-based government.' This agreement, described by some critics as an attempt to silence the opposition, saw ODM involved in government policy-making and some of its members appointed to the cabinet.

President Ruto has since vowed to ensure ODM remains a significant political force, either forming or being part of the next government, and pledged to help strengthen the party ahead of the 2027 General Election. This move has been interpreted by some as an effort to consolidate power and manage the political landscape in the absence of Odinga's direct opposition.

Laws, Policy, and Governance Concerns

The newly enacted Computer Misuse and Cybercrimes (Amendment) Act, 2024, has raised significant concerns regarding its potential impact on fundamental rights. Critics highlight clauses with ambiguous language and heavy-handed enforcement mechanisms that could be used to suppress free speech and media freedom. The Act, for instance, grants the National Computer and Cybercrimes Coordination Committee powers to issue directives that can render any website or mobile application inaccessible for allegedly promoting illegal activities, a provision former CJ Maraga deems unconstitutional.

Other bills assented to include amendments to the Privatization Act, the Land Act, the National Land Commission Act, the Wildlife Conservation and Management Act, the National Police Service Act, the Air Passenger Service Charge Act, and the Virtual Asset Service Providers Act. The Privatization Act, in particular, has drawn criticism for centralising the privatisation process within the Executive, potentially bypassing parliamentary oversight.

Stakeholders and Testimonies

The Law Society of Kenya (LSK) and various civil society groups, including Amnesty International Kenya, have called for the repeal or review of the Cybercrimes Act, citing its potential to undermine democratic gains and online freedoms. Lawyer Miguna Miguna publicly challenged President Ruto to recall the law, accusing the government of exploiting the national mourning period to push through restrictive legislation.

Opposition leaders, including Wiper Democratic Movement leader Kalonzo Musyoka, have previously accused President Ruto of stifling the freedom of the judiciary and the right to political association through government crackdowns on dissent. These concerns are amplified by recent youth-led protests in June 2025 against government policies and tax hikes, which were met with excessive police force and resulted in fatalities.

Evidence and Data

Risks and Implications

The enactment of these laws, particularly the Computer Misuse and Cybercrimes (Amendment) Act, poses significant risks to Kenya's democratic space. Critics fear it could lead to a chilling effect on free speech, deterring citizens and media from criticising those in power. The perceived exploitation of a national mourning period to pass such legislation could further erode public trust in government and potentially fuel renewed anti-government protests.

The weakening of the opposition through political pacts and the alleged suppression of dissent raise concerns about a potential slide towards authoritarianism, reminiscent of past eras of one-party rule. This could undermine the constitutional gains championed by figures like Raila Odinga throughout his political career.

Uncertainties and Controversies

The long-term implications of the 'broad-based government' agreement remain uncertain. While President Ruto frames it as a move towards national unity, some political analysts view it as an attempt to co-opt the opposition and consolidate power ahead of the 2027 elections. The future leadership of the Orange Democratic Movement (ODM) following Odinga's death is also a key unknown, with potential for internal factions to emerge.

The government's response to recent protests, including accusations of criminalising dissent and using excessive force, has generated significant controversy. The balance between maintaining law and order and protecting constitutional rights to protest and free expression remains a contentious issue.

Timeline and Next Steps

• October 15, 2025: President Ruto assents to eight bills, including the Computer Misuse and Cybercrimes (Amendment) Act, 2024.
• October 15, 2025: Raila Odinga dies in India.
• October 19, 2025: State funeral for Raila Odinga held in Bondo, Siaya County.
• Ongoing: Calls from civil society and opposition for the repeal or review of the Computer Misuse and Cybercrimes (Amendment) Act, 2024.

What to Watch

Observers will be closely watching the legal challenges to the new laws, particularly the Computer Misuse and Cybercrimes (Amendment) Act, and how the judiciary responds to concerns about constitutional infringements. The trajectory of the Orange Democratic Movement (ODM) in the post-Odinga era and its role within the 'broad-based government' will also be critical. Furthermore, the government's approach to future protests and its commitment to upholding civil liberties will be under intense scrutiny as the country approaches the 2027 General Election.