Busia Senator Okiya Omtatah has once again taken a firm stand against what he sees as growing threats to Kenya’s constitutional order.
He announced that he will challenge three of the newly signed laws by President William Ruto, claiming they go against the Constitution and undermine citizens’ rights.
His decision, he said, is not motivated by politics but by a duty to defend the sovereignty of the people.
While acknowledging that some of the reforms in tourism and wildlife management were positive, Omtatah argued that several of the other laws passed by Parliament had “crossed a dangerous line.”
One of the laws he has focused on is the Computer Misuse and Cybercrimes (Amendment) Act, 2025. Omtatah believes this law contains vague and dangerous provisions that could easily be used to suppress dissent and monitor citizens without oversight.
In his view, the law opens the door for state agencies to invade privacy and silence critics under the guise of protecting national security.
He warned that Kenya risks becoming a surveillance state if such legislation is allowed to stand unchallenged.
To counter this, he vowed to move to court and file a petition seeking to have the law declared unconstitutional.
His announcement came shortly after the High Court temporarily suspended the enforcement of certain sections of the same law.
Justice Lawrence Mugambi issued the suspension orders following a case filed by gospel artist Reuben Kigame and the Kenya Human Rights Commission, who argued that the law would restrict free speech and limit online expression.
The court’s decision gave temporary relief to digital activists and journalists who had raised alarm over the bill’s potential misuse.
Omtatah also intends to challenge the National Land Commission (Amendment) Act, 2025. He says this law introduces strict timelines that make it difficult for the Commission to handle historical land injustices, a sensitive issue that has troubled Kenya for decades.
According to him, setting such deadlines ignores the complexity of land disputes and could prevent victims of past injustices from getting justice.
He further noted that the amendment undermines the independence of the National Land Commission by weakening its ability to act without interference.
The third piece of legislation that Omtatah plans to oppose is the Privatisation Act, 2025. He claims the law gives the government unchecked power to sell or transfer public assets without the approval of the Senate.
This, he says, violates the constitutional principle of accountability and transparency in the management of public resources.
Omtatah warned that allowing the executive to privatize public land or state-owned enterprises without public participation would amount to betrayal of the people. He emphasized that public land is a sacred trust and should never be disposed of secretly.
President William Ruto signed eight bills into law on October 15, 2025. While some of them have been praised as reforms aimed at improving governance and efficiency, others have triggered intense debate and legal scrutiny.
With the High Court already intervening in one case and Omtatah preparing to challenge three others, Kenya appears to be entering another period of constitutional testing.
The outcome of these challenges will not only shape the future of these laws but also determine how far the state can go in balancing reform with the protection of fundamental freedoms.
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