- The High Court has issued conservatory orders protecting activist Morara Kebaso from interference by state agencies regarding his monitoring of government projects.
- Justice Bahati Mwamuye ruled that the orders will remain in effect until the hearing of a petition filed by the Law Society of Kenya (LSK).
- The ruling prevents Morara’s arrest or prosecution related to the events at Bomas of Kenya on October 4, 2024, where he was accused of causing a disturbance.
- LSK is challenging the constitutionality of Section 95(1)(b) of the Penal Code.
In a significant legal victory for activist Morara Kebaso, the High Court has issued conservatory orders barring state agencies from interfering with his efforts to monitor and comment on government projects. The ruling, delivered on October 22 at Milimani Law Courts by Justice Bahati Mwamuye, offers temporary protection for Kebaso until the hearing and determination of a petition filed by the Law Society of Kenya (LSK).
The conservatory orders prohibit the state from arresting or prosecuting Kebaso concerning his activism, particularly in connection with an incident at Bomas of Kenya on October 4, 2024. On that day, Kebaso was accused of causing a disturbance, a charge that could have led to legal action under Section 95(1)(b) of the Penal Code. The section deals with offenses related to creating disturbances that could breach the peace.
LSK has challenged the constitutionality of this section, arguing that it infringes on the constitutional right to freedom of expression. The organization contends that the offense is overly broad and can be used to suppress legitimate dissent.
Justice Mwamuye’s ruling temporarily halts any legal action against Kebaso based on the Penal Code provision, pending the outcome of the LSK petition. The judge emphasized that the activist’s monitoring of government projects and his public commentary are protected activities that should not be hindered without legal justification.
This ruling marks an important step in protecting the rights of activists like Morara Kebaso, who are critical in holding the government accountable. The case also raises broader questions about the constitutionality of certain laws used to stifle free speech in Kenya. As the petition proceeds, the court’s decision will likely have significant implications for freedom of expression and the limits of state power in regulating public dissent.
