The High Court of Kenya, through Justice Bahati Mwamuye, issued conservatory orders barring the state agencies from interfering with the activities of political activist Morara Kebaso that includes monitoring of government projects.
This ruling follows an application made by the Law Society of Kenya (LSK) to challenge the constitutionality of Section 95(1)(b) of the Penal Code which relates to the offence of creating a disturbance in a manner likely to cause a breach of the peace.
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LSK President Faith Odhiambo, stated that “the said provision was the basis relied on for the unfair arrest of Morara Kebaso following the violent attack against him at the Bomas of Kenya.”
As a result, the High Court has given conservatory orders to the Kenya Police Service (KPS) and Office of the Director of Public Prosecutions Kenya (ODPP) to refrain from arresting, charging or taking any action that would interfere with the watchdog activities of Morara.
“We welcome this determination, which serves as an affirmation of our courts’ preparedness to uphold human rights and prevent arbitrary weaponisation of the criminal justice system. We will prosecute the matter to conclusion and urge the court to forestall further injustices on account of a punitive provision of law,” Faith Odhiambo further stated.
On his side, activist Morara expressed joy with the ruling by the High Court, also thanking the LSK for taking the brave stand to be by his side regarding his work countrywide.
“Standing ovation for the law society of kenya and Justice Bahati Mwamuye. Kenya has good people in positions of influence. We just need to get rid of the bad ones,” Morara stated via his social media handles.