The High Court has issued orders preventing the Kenyan government from arresting or interfering with activist Morara Kebaso’s activities.
Justice Bahati Mwamuye presided over the case at Milimani Law Courts, directing state agencies, including the police, to refrain from disrupting Kebaso’s efforts in monitoring government projects or expressing his views on government activities. These conservatory orders were issued pending the hearing of a larger constitutional petition.
The case arose from a lawsuit filed by the Law Society of Kenya (LSK), which questioned the constitutionality of Section 95(1)(b) of the Penal Code. This law, which addresses the offense of causing a disturbance likely to breach the peace, was the basis of the charges brought against Kebaso for his involvement in protests at the Bomas of Kenya earlier in the month.
The LSK’s application sought to prevent the government from using this provision to target Kebaso or any individual involved in similar oversight activities.
Justice Mwamuye’s ruling prevents the authorities from arresting or prosecuting Kebaso without the court’s permission. The court further instructed that the activist be allowed to continue his efforts to monitor national development projects without government interference.
The case highlights growing concerns over the government’s response to activists and its potential infringement on freedom of expression. The court mandated the government to submit its responses by November 8, 2024, as the legal battle continues.
Kebaso has recently claimed that his life is in danger due to his outspoken stance against the government, further escalating tensions in the political arena.
By Kenyans