Inside Controversial Bills Ruto Signed Into Law On The Day Raila Died and The Online Backlash

The nation mourned former Prime Minister Raila Odinga on Wednesday, October 15, but even as grief swept across Kenya, President William Ruto was busy at State House signing eight pieces of legislation that would fundamentally reshape how Kenyans live, work and express themselves online.

Among the bills assented to law that day was the Computer Misuse and Cybercrimes (Amendment) Act 2024, a piece of legislation so contentious it had drawn fierce opposition from digital rights groups, civil society organizations and even some members of parliament who warned it could be weaponized to silence dissent under the guise of fighting crime.

The timing has become a subject of intense debate. Civil society activists and legal experts have questioned whether the government deliberately chose a moment of national grief to push through controversial legislation, hoping it would escape the scrutiny it deserved.

As Kenyans turned their attention to the death of one of Africa’s most prominent statesmen, Ruto was quietly expanding government powers over the digital space in ways that alarm anyone who understands the delicate balance between security and freedom.

The Computer Misuse law grants the government authority to seek court orders for pre-emptive shutdowns of online platforms believed to be facilitating criminal activity, even before any actual harm occurs.

This marks a dramatic shift in how Kenya polices the internet, moving from reactive enforcement to predictive censorship.

The law empowers the National Computer and Cyber-Crimes Coordination Committee, an authorized person, to issue a directive to render a website or application inaccessible where it is proved that the website or application promotes unlawful activities.

The categories are broad and troubling.

Child pornography, terrorism, extreme religious activities and cultist practices can now trigger website shutdowns and content removal orders.

The private member’s bill sponsored by Wajir East MP Aden Mohamed amends the 2018 Computer Misuse and Cybercrimes Act to introduce new definitions that expand what the government considers cybercrime.

The law now introduces specific offenses for phishing and scams, with general cybercrime penalties raised to Sh10 million or 20 years imprisonment for severe cases .

During parliamentary debate, Dagoretti South MP John Kiarie, who chairs the Departmental Committee on Information, Communication and Innovation, defended the amendments as necessary.

He pointed to statistics showing that Kenyans spend an average of four hours and twelve minutes online daily, making the country vulnerable to phishing attacks, fake news, cyberbullying and AI-generated disinformation . Kiarie told the House that with more than eight out of every ten posts likely to be fake or toxic, the country needed to fortify its digital laws.

His colleague from Dagoretti North, Beatrice Elachi, argued the changes would help Kenya respond to mounting international pressure, particularly from the European Union, which has criticized the country for failing to adequately police digital child abuse.

She warned that young Kenyans seeking educational opportunities abroad could find their prospects damaged by harmful digital footprints.

But not everyone in parliament celebrated.

Funyula MP Wilberforce Oundo issued a stark warning during debate, cautioning that the inclusion of terrorism as grounds for content removal could be abused by authorities to target legitimate political activity.

He regretted that under the provision, even citizens sharing photos of protests could be unfairly targeted , noting that Kenya already has an Anti-Terrorism Act.

The online backlash has been swift and unforgiving. Digital rights advocates have characterized the law as a tool of control rather than protection, pointing to Kenya’s recent history of internet shutdowns and restrictions.

The Kenya ICT Action Network warned in an earlier statement that given Kenya’s recent history of shutting down the internet in June 2024 and blocking messaging applications like Telegram in November 2023, the proposal appeared to be yet another attempt to formalize and expand government censorship .

Legal experts have raised constitutional concerns, arguing that the law blurs the line between security enforcement and policing of speech, leaving too much room for abuse.

Terms like offensive content and false publication are vague enough to criminalize satire, commentary or even genuine mistakes .

The heavy penalties have also sparked outrage. Individuals found guilty of sending messages that incite fear, violence or serious offense could face fines of up to Sh20 million or imprisonment of up to 10 years.

Critics argue these penalties are disproportionate and could devastate ordinary internet users who fall afoul of the law.

In a country where online dissent is a powerful tool and government critics have faced abduction, this law hands the state a very sharp, double-edged sword , warned one digital rights publication.

The fears are not unfounded.

Kenya has seen a pattern of using existing cybercrime laws to target activists and bloggers who criticize the government.

The law also expands the definition of identity theft to include passwords and explicitly criminalizes digital impersonation, data harvesting and phishing.

Anyone who willfully causes unauthorized alteration and unlawfully takes ownership of another person’s SIM card with intent to commit an offense will face imprisonment for up to two years or a fine not exceeding Sh200,000.

Beyond the cybercrime law, the other seven bills signed that day carry their own weight. The Privatization Act 2025 introduces what the government calls a transparent, accountable legal blueprint to accelerate privatization of State-owned companies.

The initiative aligns with Ruto’s plan to privatize entities including Kenya Pipeline Company, which the government hopes will raise Sh100 billion to help plug the Sh871 billion deficit in the Sh4.3 trillion budget for the 2025/26 financial year.

The new law creates a Privatization Authority to replace the Privatization Commission and establishes a Privatization Appeals Board to handle disputes.

The board will consist of a chairperson appointed by the president, an accredited arbitrator and three other persons appointed by the Cabinet Secretary of the National Treasury.

The National Police Service Commission (Amendment) Act, sponsored by Suna West MP Peter Masara, recognizes the importance of mental health of police officers.

The law mandates the NPSC to establish a counseling and psychosocial support unit devolved to all counties to promote the mental health and wellbeing of police officers as well as civilian members of the service.

This comes after recent reports of injury and loss of life among police due to mental wellness challenges.

The Land (Amendment) Act, sponsored by Ruiru MP Simon King’ara, requires the Chief Land Registrar to register all public land allocated to a public body or institution by the National Land Commission and any land set aside by a developer for a public purpose.

The move is designed to prevent land grabbing by ensuring all public land has title deeds and is published in the Kenya Gazette.

The National Land Commission (Amendment) Act by Kilifi North MP Owen Baya extends NLC’s power to interrogate past land injustices for an additional five years. The commission will now review all grants or dispositions of public land to establish their propriety or legality until October 2030.

Baya says the extension will allow the commission to resolve land issues in Coastal counties and issues relating to public land previously earmarked for settlement of landless persons.

The Air Passenger Service Charge (Amendment) Act reallocates funds from the Tourism Promotion Fund to the Tourism Fund to eliminate duplication of roles and improve efficiency.

The Wildlife Conservation and Management (Amendment) Act, sponsored by Lamu East MP Captain Ruweida Obo, includes additional marine wildlife among species for which victims may be compensated for injury or death. Kenyan communities living adjacent to marine areas can now be compensated for injuries suffered from attacks by sharks, stonefish, whales and stingrays.

But it is the cybercrime law that has dominated conversations online and in civil society circles.

As Kenya grapples with the implications of this new legal regime, questions remain about how authorities will balance legitimate law enforcement concerns with constitutional protections for freedom of expression and media freedom.

Civil society organizations have indicated they are studying the law for potential constitutional challenges, setting the stage for what could be a protracted legal battle over the future of Kenya’s digital space.

In a country where the internet has become the primary battleground for political discourse, particularly among the youth who drove last year’s Gen Z protests, any law that gives the government power to shut down platforms and remove content will face fierce resistance.

The signing ceremony on October 15 may have been overshadowed by Raila’s death, but the laws enacted that day will shape Kenya long after the grief subsides. Whether they protect Kenyans or police them remains the subject of an angry, urgent debate that shows no signs of ending.