NAIROBI – 2025 was defined by fierce legislative battles in Kenya, as the government’s push for new laws on cybercrime, public order, and privatisation clashed with public resistance and constitutional challenges, exposing deep tensions between state authority and fundamental freedoms.
The Cybercrimes Act: A Chill on Digital Expression
The implementation of the Computer Misuse and Cybercrimes (Amendment) Act became one of the year’s most heated flashpoints. While the government defended it as a necessary tool to combat identity theft and fraud, rights groups argued its vague provisions criminalised legitimate speech. Human Rights Watch warned the law was “incompatible with Kenya’s obligations” under international human rights standards.
“The amendments to the cybercrime law provide Kenyan authorities with greater power to restrict online speech using overbroad provisions. Kenya’s Constitution and international human rights standards guarantee the right to freedom of expression, and laws like this undermine that right,” said Otsieno Namwaya, Associate Africa Director at Human Rights Watch.
Petitions by musician Reuben Kigame, the Kenya Human Rights Commission (KHRC), and others successfully led the High Court to suspend key sections of the Act. They argued it created a “parallel and conflicting framework” that undermined the Data Protection Act and was passed without proper public participation, rendering it procedurally defective.
The Protest Bill and a Pushback on Assembly
In the shadow of the 2024 anti-Finance Bill protests, Nairobi Women Representative Esther Passaris introduced the Public Order (Amendment) Bill 2025. The bill sought to ban protests within 100 metres of key government buildings and impose harsh penalties, a move supporters called “timely” for security.
The backlash, however, was immediate and forceful. Constitutional lawyers like Willis Otieno argued that “an Act of Parliament cannot override the constitution,” while youth organisers vowed not to be silenced. Facing intense criticism over its practicality and constitutionality, the bill was ultimately shelved, though it signalled a sustained legislative attempt to curtail Kenya’s protest culture.
Privatisation and the “Influencer” Bill: Expanding the Fray
Two other proposals widened the year’s legislative divides. The Privatisation Bill 2025, signed into law by President William Ruto, granted the National Treasury power to sell state-owned firms without prior parliamentary approval. Critics, including former Chief Justice David Maraga, warned this eroded transparency and risked corruption.
Meanwhile, a proposal by Nyaribari Chache MP Zaheer Jhanda sought to require social media influencers to hold formal degrees before commenting on fields like law, medicine, or finance—a move mirroring recent Chinese regulations. Supporters argued it would curb misinformation, while critics feared it would suppress independent voices and creative public debate.
A Year of Constitutional Tug-of-War
From courtrooms to the streets, 2025 revealed a nation intensely scrutinising the balance of power. As citizens, activists, and lawyers challenged what they saw as overreach, the year underscored a recurring theme: in Kenya, major legal changes demand daylight, not silence, and any attempt to bypass robust public consultation invites both popular resistance and legal defeat.
