Court Stops Gov’t Against Interfering, Arresting Activist Morara Kebaso
On Wednesday, the High Court dealt the government a blow by issuing conservatory orders prohibiting state agencies from interfering with activist Morara Kebaso‘s activities related to the monitoring of government projects.
In a ruling issued by the High Court in Milimani, Justice Bahati Mwamuye directed all state agencies to refrain from interfering with monitoring activities or expressing opinions on government conduct, projects, and programmes.
“Pending the inter partes hearing and determination of the application dated 15/10/2024, a conservatory order be and is hereby issued restraining the respondents (the Government, Office of the Director of Public Prosecutions and Inspector General of Police), jointly and severally, from interfering with the interested party’s actions and/or activities regarding monitoring of or expressing views on government conduct, projects, programmes, or activities,” Mwamuye directed.
The ruling came after the Law Society of Kenya (LSK) filed an application challenging the constitutionality of Section 95(1)(b) of the Penal Code.
Lord i thank you for everyone @LawSocietyofKe and Justice Bahati Mwamuye. Now we can express ourselves freely because of the sacrifice of these great Kenyans. Mungu awabariki. Whatever you touch shall turn to gold. @FaithOdhiambo8 thank you so so much. @ManwaOH I won’t forget. pic.twitter.com/vJXtOhqpuS
— Morara Kebaso (@MoraraKebasoSnr) October 23, 2024
The Section addresses the offense of causing a disturbance that could lead to a breach of the peace, which was brought against Kebaso in court.
“At this interlocutory stage, the Petitioner/Applicant is seeking conservatory orders suspending the continued enforcement of Section 95(1)(b) of the Penal Code against all persons, but specifically as against the Interested Party, Morara David Kebaso, pending the hearing and determination of the application and thereafter the Petition,” court documents filed by LSK read.
The judge also directed that the activist not be arrested while he continues his tour of development projects across the country.
Furthermore, Morara emerged victorious after the High Court ruled that the government should not file any charges against him in connection with his activities in Kenya’s Bomas, where he was charged with intent to cause disturbance.
The @LawSocietyofKe filed a petition challenging the Constitutionality of section 95(1)(b) of the Penal Code regarding the offence of creating a disturbance in a manner likely to cause a breach of the peace. The said provision was the basis relied on for the unfair arrest of… pic.twitter.com/cST9GjOoDV
— Faith Odhiambo (@FaithOdhiambo8) October 23, 2024
“Pending the inter partes hearing and determination of the application dated 15/10/2024, a conservatory order be and is hereby issued restraining the respondents, jointly and severally, from arresting, charging, or continuing any prosecution of the interested party arising from Section 95(1)(b) of the Penal Code or any similar provision of law; or in relation to the events that took place on 04/10/2024 at the Bomas of Kenya generally; without the leave of this Court,” Mwamuye added.
LSK was then directed to serve the ruling to the government and other interested parties by the end of Wednesday, as the court is scheduled to rule again later.
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Meanwhile, the government was directed to submit its responses to the case by November 8 of this year.
“The petitioner/applicant shall serve the application, the Petition, and this Court Order on the Respondents and the Interested Party by close of business 23/10/2024 and file an Affidavit(s) of Service in that regard by close of business 24/10/2024,” the ruling stated.
“The respondents and interested party shall file and serve responses to both the application and the petition by close of business 08/11/2024,” it added.
Kebaso has recently come under scrutiny by the government after claiming that attempts are being made to harm his life as a result of his anti-government campaign.
Court Stops Gov’t Against Interfering, Arresting Activist Morara Kebaso
