Former Chief Justice David Maraga has sharply criticised President William Ruto for assenting to eight controversial Bills on the same day Kenya was mourning the death of former Prime Minister Raila Odinga.
Speaking in Nairobi on Tuesday, Maraga described the move as “a mockery of the Constitution and of what Raila fought for.” He accused the president of acting with “insensitivity and disregard for constitutionalism” at a time of national grief.
“We are deeply concerned by the trajectory our country is taking,” Maraga told reporters flanked by officials of his Green Movement Party of Kenya. “What is happening is a mockery of what Raila fought for — and of the Constitution itself.”
The former Chief Justice, who has since declared his bid for the presidency, took particular issue with the Computer Misuse and Cyber Crimes (Amendment) Act, one of the eight laws signed by the president.
He claimed the amendments give government agencies sweeping powers to silence dissent under the guise of combating online crime.
“Section 6J(a) gives the cybercrime committee power to shut down websites, blogs, mobile apps, and even platforms like Facebook, Twitter, and YouTube for allegedly promoting hate,” Maraga said. “This is a direct affront to the right to a fair hearing as guaranteed in our Constitution. It effectively makes this committee judge and prosecutor.”
Maraga further alleged that the Bills were passed without proper public participation. “Unsurprisingly, the majority of MPs ignored the concerns of Kenyans — even those raised by ministries,” he said.
In one of his strongest public attacks yet on the president, Maraga declared: “A president who does not respect the Constitution governing the country he leads doesn’t deserve to lead.”
He vowed to challenge the new laws in court, promising to “seek legal redress on behalf of the people of Kenya.”
Maraga also took aim at the Privatisation Act, claiming it could be used to secretly sell off state corporations without proper oversight.
“The most outrageous part is that a reason for privatisation is not mandatory,” he said. “This loophole allows the government to bypass parliamentary scrutiny — and potentially sell public assets to themselves or their proxies.”
President Ruto has not yet publicly responded to Maraga’s criticism. However, his allies have defended the legislative process, saying the Bills were necessary to modernise Kenya’s digital and economic frameworks.
Maraga’s remarks come amid heightened political tension following Raila Odinga’s death on 15 October. Many in the opposition have accused the government of showing “a lack of decency” by conducting official business on a day of national mourning.
For Maraga, the timing was symbolic of a deeper problem. “What a shame,” he said. “The amendments touch on our freedoms and our sovereignty. Raila fought for those freedoms. To undermine them on the day he died — that is unforgivable.”