Court orders police, AG not to arrest activist Morara

The High Court has ordered the government not to interfere with the activities of activist Morara Kebaso, who has been monitoring projects countrywide.

Justice Bahati Mwamuye, sitting in Milimani, prohibited the Attorney General, the Inspector General of Police and the Director of Public Prosecutions from arresting or prosecuting Kebaso. 

The court orders follow 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 at the Kibera Law Courts.

He was arrested over events that took place at the Bomas of Kenya on October 4, during a public participation on the impeachment of Deputy President Rigathi Gachagua.

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The lawyers, through Geoffrey Bosire, contend that the offence is a colonial relic introduced during the state of emergency  in the 1960s to stifle dissent against the colonial government.

“The dictatorial Kanu regime similarly used this section to crack down on dissent during the Mwakenya trials under the single-party dictatorship,” LSK argues. LSK was directed to serve the government and other interested parties with the ruling before the close of business yesterday.

Meanwhile, the judge also directed the DPP, IG and AG to file responses to the lawsuit  by the close of business on November 8.

Kebaso has recently been on the government’s radar after making claims that there are attempts to harm him over his campaign against the unfinished and shoddy projects. 

He has been traveling across the country, exposing government projects that were launched but later abandoned.