Gov’t Faces Setback in Legal War Against Activist Morara Kebaso Project Exposes
The High Court has delivered a significant legal victory for activist Morara Kebaso, issuing conservatory orders restraining state agencies from interfering with his activities surrounding the monitoring of government projects.
The ruling, handed down by Justice Bahati Mwamuye at the Milimani High Court on Wednesday, represents a blow to government efforts to curtail Kebaso’s outspoken critiques of various government programs and activities.
In his ruling, The High Court has delivered a significant legal victory for activist Morara Kebaso, issuing conservatory orders restraining state agencies from interfering with his activities surrounding the monitoring of government projects.
The ruling, handed down by Justice Bahati Mwamuye at the Milimani High Court on Wednesday, represents a blow to government efforts to curtail Kebaso’s outspoken critiques of various government programs and activities.
In his ruling, Justice Mwamuye directed that all state agencies, including the Inspector General of Police, are prohibited from interfering with Kebaso’s actions related to government monitoring and criticism. “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 stated.
The decision comes after the Law Society of Kenya (LSK) filed a petition challenging the constitutionality of Section 95(1)(b) of the Penal Code, which deals with charges of creating a disturbance likely to breach the peace.
This section was invoked to charge Kebaso following an incident at the Bomas of Kenya, where he was accused of attempting to cause a disturbance. The LSK argued that such laws were being weaponized to suppress criticism of the government.
“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,” read the court documents filed by the LSK.
In addition to shielding Kebaso from further interference, the court also barred any arrest or prosecution related to the events at the Bomas of Kenya without its permission. “Pending the inter partes hearing… 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… without the leave of this Court,” Mwamuye added.
The ruling sets the stage for a further court hearing, with the government required to submit its response by November 8, 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 (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 stated.
The decision comes after the Law Society of Kenya (LSK) filed a petition challenging the constitutionality of Section 95(1)(b) of the Penal Code, which deals with charges of creating a disturbance likely to breach the peace.
This section was invoked to charge Kebaso following an incident at the Bomas of Kenya, where he was accused of attempting to cause a disturbance. The LSK argued that such laws were being weaponized to suppress criticism of the government.
“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,” read the court documents filed by the LSK.
In addition to shielding Kebaso from further interference, the court also barred any arrest or prosecution related to the events at the Bomas of Kenya without its permission. “Pending the inter partes hearing… 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… without the leave of this Court,” Mwamuye added.
The ruling sets the stage for a further court hearing, with the government required to submit its response by November 8, 2024.
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Gov’t Faces Setback in Legal War Against Activist Morara Kebaso Project Exposes
