Court Stops Government Intervention and Arresting of Morara Kebaso

In a ruling delivered at the High Court in Milimani, Justice Bahati Mwamuye directed all state agencies to refrain from interfering with activities regarding monitoring or expressing views 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 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 followed an application by the Law Society of Kenya(LSK) challenging the constitutionality of Section 95(1)(b) of the Penal Code, which addresses the offense of creating a disturbance that may lead to a breach of the peace, a charge brought against Kebaso in the courts. 

”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 government should not arrest the activist as he continues to take a tour of the development projects across the country.

Additionally, Morara emerged victorious after the High Court directed that the government should not bring forth any case against him regarding the activities that took place at the Bomas of Kenya where he was charged with intent to cause disturbance.

”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.

Subsequently, LSK was directed to serve the government and other interested parties with the ruling before the end of Wednesday, as the court is set to make a further ruling later.