Maraga said the law’s new provisions — allowing authorities to shut down websites and online platforms cited for “violations” — open the door for abuse, censorship, and political manipulation.
NAIROBI, Kenya, Oct 21 — Former Chief Justice David Maraga has criticised President William Ruto’s assent to the amended Cybercrimes Act, terming it a betrayal of Kenyans and a setback for digital freedoms.
Maraga said the law’s new provisions — allowing authorities to shut down websites and online platforms cited for “violations” — open the door for abuse, censorship, and political manipulation.
“The Cybercrimes Act, as signed, betrays the spirit of the Constitution and the values of democracy,” Maraga said.
“Granting the Executive unchecked power to close websites is not about protecting Kenyans; it’s about silencing dissent and controlling information.”
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The former Chief Justice argued that such clauses contradict Article 33 of the Constitution, which guarantees freedom of expression, and warned the state could use the law to intimidate journalists, bloggers, and online publishers critical of government policies.
“This is a dangerous precedent,” he added. “Today it’s about websites, tomorrow it will be social media accounts and digital newsrooms. We cannot build a transparent nation by criminalising opinion.”
President Ruto assented to the Computer Misuse and Cybercrimes (Amendment) Bill on October 15, which government-leaning lawmakers defended as necessary to combat online fraud, fake news, and hate speech.
Maraga vowed to back efforts to annul “oppressive provisions” of the law that undermine Kenya’s democratic gains and constitutional freedoms.
“The government should focus on enforcing existing laws to protect citizens from cybercrime, not on expanding powers that threaten civil liberties,” he said.
