Maraga Slams New Cybercrimes Law, Cites ‘Grave Constitutional Threat’
NAIROBI, Kenya, Oct 21 – Former Chief Justice and 2027 Presidential aspirant David Maraga has Criticized President Ruto’s signing of The Computer Misuse and Cybercrimes (Amendment) Act, into law on 15th October 2025 cites it as threatening free speech.
Speaking during a press briefing in Nairobi Maraga stated that they have carefully reviewed two laws and amendments touching on citizens freedoms and sovereignty.
He noted that the amendments to the Computer Misuse and Cybercrimes law in essence seeks to control and crush political dissent and protests in the guise of expanding protections from cybercriminals.
President William Ruto assent to eight bills into law which 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 Commission (Amendment) Act, The Air Passenger Service Charge (Amendment) Act and The Virtual Asset Service Providers Act.
Maraga argued that addition of Section 6 (ja) on the functions of the National Computer Cybercrimes Coordination Committee gives unconstitutional power to theCommittee to issue directives to render a website or an app inaccessible for promoting, amongst others, “illegal activities.”
“This unconstitutional Committee can order the closure of any website, blog, mobile app, Facebook, X, Tik Tok, YouTube or Instagram accounts for allegedly promoting “illegal activities.”
Additionally ,the former CJ said the expansion of the powers glaringly lacks provisions for sufficient judicial oversight, Moreover, this is a direct affront to the rights to fair administrative action and fair hearing in Articles 47 and 50 of the Constitution.
“It makes this Committee, the investigator, prosecutor and judge or the final arbiter and overlord on the exercise of our celebrated freedoms of speech and media as provided for in Articles 33 and 34 of Constitution of Kenya, 2010”, He said.
He further pointed out that there was limited public participation in the passage of this bill, with only 3 written memoranda with all signatories opposed to the amendments.
“Unsurprisingly, the MPs yet again ignored the views they received, even from the relevant Ministry qnd the President followed suit with signing the amendments into law”.
“These amendments are UNCONSTITUTIONAL They are null and void, We shall not allow the freedoms and rights of free speech, media, fair hearing and fair administrative action to be buried silently with Rt. Hon. Raila Odinga”.
Further, Maraga highlighted on the efforts underway to seek immediate legal redress and offered full endorsement on the efforts and assured of full support.
Laws must protect, not endanger, Kenya’s future We stand here today to defend the meaning of our nation, to guard the inheritance of those who fought for our freedom, and to protect the birthright of those yet to be born.
He reminded the State that: Sovereignty belongs to the people of Kenya as clearly stated in Article 1 of the Constitution noting power lies with Kenyans, the Sovereign People of Kenya Not to Parliament. Not to the Executive.
