Former Chief Justice David Maraga has on Monday 13, 2025 issued a stern warning to Kenyans over the newly passed Privatisation Bill 2025, urging citizens to ensure public assets remain under the stewardship of the people.
The statement, posted on his X page, came amid growing concerns over the government’s plan to convert state corporations into private enterprises.
Maraga described the bill as “a sinister economic cold war against your own country” and warned that it represents a structural shift that will determine “who controls strategic public assets, how they are valued, and who benefits from future cash flows.”
He criticized attempts to present the measure as minor, emphasizing that the Constitution mandates transparency and public participation in decisions affecting public resources.
Highlighting lessons from previous privatization exercises, Maraga cautioned, “We have seen disastrous cases internationally and in Kenya, which demonstrate why such guardrails are essential. They collapse the economy and end up affecting the poor citizen while a few individuals benefit from a heist.
This was certainly the case in the 1990s when high-value public assets were sold for a pittance to some of those in power today who view this as yet another opportunity to rob Kenyans.”
The former CJ laid out detailed safeguards he believes must guide any privatization process.
He called for “full, published lists of all entities targeted for conversion or sale, complete with independent valuations, debt profiles, and workforce impact assessments,” and insisted on “open public hearings in every affected region, with written records and published responses to submissions.”
Maraga also underscored the need for clear conflict-of-interest rules, competitive tendering, and post-transaction oversight, stating, “Parliament and the Auditor-General must maintain oversight through detailed performance audits, and clawback clauses must exist for any underperformance or breach. Any transaction touching critical national infrastructure must be subject to citizen oversight through defined parliamentary thresholds or, where necessary, a referendum mechanism consistent with law.”
“I state this plainly, Kenya’s assets belong to the people. The process must meet the highest standards of legality, transparency, and accountability,” he concluded,