Maraga criticizes polarizing bills signed on Raila's death day.

 

Former Chief Justice David Maraga has sharply criticised President William Ruto for signing eight controversial bills into law on Thursday, October 15, 2025 — the same day the nation was mourning the passing of former Prime Minister Raila Odinga.

 Maraga described the move as both ill-timed and contrary to the principles of justice and equality that the late Odinga stood for. He said the decision mocked the spirit of the 2010 Constitution and the democratic ideals that many Kenyans fought to protect.

“Today, as Kenyans deeply concerned about the direction our country is taking, we must recognise that these actions amount to a mockery of the ideals that Rt Hon Raila Odinga championed, and of the Constitution we swore to uphold,” he said in a statement.

The eight pieces of legislation signed into law include the Computer Misuse and Cybercrimes (Amendment) Act, the Privatisation Act, the Land (Amendment) Act, the National Land Commission (Amendment) Act, the Wildlife Conservation and Management (Amendment) Act, the National Police Service (Amendment) Act, the Air Passenger Service Charge (Amendment) Act, and the Virtual Assets Service Providers (Amendment) Act.

According to the government, the laws are intended to modernise governance, enhance transparency, and improve public safety. The amended cybercrime legislation, for instance, is said to protect citizens from online fraud, data theft, cyberbullying, and terrorism.

Maraga, however, dismissed these justifications, arguing that the amendments grant excessive powers to the state to silence criticism and curtail freedom of expression.

“The amendment act, in essence, seeks to control and crush political dissent under the guise of expanding protection from cybercriminals,” he said.

“It is not lost on us that in June 2024, when young Kenyans protested against the Finance Bill, the President labelled them criminals and terrorists.”

He also expressed concern over the Privatisation Act, which he said vests disproportionate authority in the hands of the Executive, particularly the Treasury Cabinet Secretary (CS) and the Privatisation Authority.

Citing Sections 22 and 23 of the Act, Mr Maraga noted that the Treasury CS can prepare a privatisation programme requiring parliamentary ratification within sixty days. Should Parliament fail to act within that time, the process automatically proceeds after thirty days without approval.

“This framework effectively sidelines parliamentary oversight and allows the Executive to privatise public assets without accountability,” he said.

“The Act even exempts public disclosure of buyers’ identities when privatisation occurs through an Initial Public Offering.”

He further warned that the legislation could enable the sale of strategic national assets to foreign interests without proper public scrutiny.

Calling upon citizens to remain vigilant, Mr Maraga urged Kenyans to defend their sovereignty and constitutional freedoms.

“Power belongs to the people, not the President or Parliament. We must guard our sovereignty and the spirit of the 2010 Constitution,” he said.