Lawyer and activist Morara Kebaso has received major boost after the High Court issued conservatory orders preventing government agencies from interfering with his efforts to monitor public projects.
On Tuesday, October 22, 2024, the High Court at Milimani Law Courts issued orders safeguarding Kebaso’s right to monitor government projects and express his views on public affairs. Justice Bahati Mwamuye directed that all state agencies, including the Office of the Director of Public Prosecutions and the Inspector General of Police, must refrain from interfering with his activities. These orders will remain in place until the final determination of the petition.
The court’s decision followed a petition by the Law Society of Kenya (LSK), which sought to challenge the constitutionality of Section 95(1)(b) of the Penal Code. This section addresses the offense of creating a disturbance likely to lead to a breach of peace. Kebaso had faced charges under this section, but the LSK argued that the law infringed upon constitutional freedoms, particularly the right to free speech.
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The case surrounding Morara Kebaso highlights the ongoing conflict over Section 95(1)(b) of the Penal Code. The LSK contended that the law was too broad and easily misused to silence critics. The court agreed to hear the application, granting temporary relief by suspending the enforcement of this law against Kebaso and others.
“Pending the hearing and determination of the application, a conservatory order is issued restraining the respondents from interfering with the interested party’s monitoring activities or expression of views on government conduct, projects, and programs,” said Justice Mwamuye.
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Morara Kebaso also faced potential arrest over an incident at Bomas of Kenya on October 4, where he was accused of creating a disturbance. However, the High Court ruling also barred state agencies from arresting or charging him in connection with this event.
“Pending the hearing of the application, a conservatory order is issued preventing the respondents from arresting or prosecuting the interested party concerning the events of October 4, 2024, at Bomas of Kenya,” Justice Mwamuye added.
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The government must submit its responses to the case by November 8, 2024, as directed by the court. The next hearing will determine whether the conservatory orders will become permanent and whether Section 95(1)(b) will face further scrutiny.
Public support for Morara Kebaso surged following the ruling. Activists and civil society groups praised the court for protecting the right to free expression and preventing what they perceive as state harassment of individuals like Kebaso.
This victory also follows Morara Kebaso’s recent public complaints about threats to his life. He has accused the government of targeting him for his ongoing activism, including his work on the “Vampire Diaries” series, which exposes alleged corruption in government.
