Presidential hopeful David Maraga has faulted President William Ruto’s administration for hurriedly assenting to contentious pieces of legislation, including the Computer Misuse and Cyber Crimes Act, and has backed plans to challenge the laws in court.
Speaking during a press briefing in Nairobi on Tuesday, Maraga accused the government of rushing to implement laws that directly threaten constitutional freedoms.
He alleged that the move was meant to preempt potential legal challenges and render any court interventions ineffective, with President Ruto having signed into law eight bills whose contents could have far-reaching legal consequences.
''The government knows people are going to court. They are moving with speed so that by the time we obtain court orders, events will have overtaken us,'' Maraga said.
In a statement shared on his official X account, which has since been pulled down, the President said the new laws would ''reinforce our collective commitment to address historical injustices, entrench equity and transparency, and accelerate our national development agenda.''
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) Bill, 2024, is the one that has drawn the most criticism. The new law grants government agencies the authority to access and restrict online accounts assumed to be spreading misinformation or posing cybersecurity threats. The new changes also extend phishing to include fraudulent phone calls and introduce a penalty for unauthorised SIM swaps.
Similarly, the Privatisation Bill, 2025, allows the government to sell or transfer ownership of state corporations without requiring fresh approval from Parliament.
However, Maraga raised concerns over the wide-ranging powers granted to a government committee under the new law, warning that it could unilaterally shut down websites and digital platforms such as Facebook, YouTube, and TikTok under the pretext of combating unlawful online activities.
He argued that the absence of judicial oversight in such decisions represented a grave violation of constitutional principles, while also criticising the lack of meaningful public participation during the legislative process, accusing Parliament of disregarding input from citizens, civil society, and even relevant state departments.
''These amendments are unconstitutional, null, and void. President Ruto has lost legitimacy to continue governing this country,'' Maraga claimed.
The former Chief Justice further revealed that legal action was already being prepared by civic groups, opposition leaders, and digital rights advocates seeking to suspend the implementation of the law.
''We cannot allow these freedoms to be buried silently as efforts are underway to seek court intervention, and we fully support these efforts.''
Despite his assertions, the National Assembly published the Computer Misuse and Cybercrimes (Amendment) Bill, 2024, on August 9, 2024. The Bill underwent public participation and review by the Departmental Committee on Communication, Information, and Innovation, with stakeholder inputs from civil society and industry leaders.
It was passed on October 8, 2025 and assented to by President Ruto on October 15.
