The High Court has issued conservatory orders preventing state agencies from interfering with activist Morara Kebaso's efforts to monitor government projects.
In a ruling on Tuesday, October 22, at Milimani Law Courts, Justice Bahati Mwamuye granted the orders, which will remain in place until the hearing and determination of a petition filed by the Law Society of Kenya (LSK).
''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, 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,’’ Justice Mwamuye ruled.
The judge further directed that Morara should not be arrested or charged in connection with the events at Bomas of Kenya on October 4, when he was accused of creating a disturbance.
"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, jointly and severally, from arresting, charging, or continuing any prosecution of the interested party arising from Section 95(1)(b) of the Penal Code or any similar provision of law; or in relation to the events that took place on 04/10/2024 at the Bomas of Kenya generally; without the leave of this Court," Justice Mwamuye directed.
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Among the respondents in the case are the Attorney General, the Director of Public Prosecutions and the Inspector General of Police.
The ruling comes after LSK challenged the constitutionality of Section 95(1)(b) of the Penal Code regarding the offense of creating a disturbance in a manner that may lead to a breach of the peace.
LSK argued that it infringed the right of freedom of expression as provided in the constitution and that the offense is too broad.
"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, pending the hearing and determination of the application and thereafter the petition,’’ the court papers stated.
Justice Mwamuye declared that the matter will be mentioned on November 11, 2024.
