Court Blocks State Interference In Morara Kebaso’s Government Project Oversight

High Court Stops Interference in Activist Morara Kebaso’s Work

The High Court has issued orders to protect activist Morara Kebaso from state interference as he monitors government projects.

Court Ruling

On Tuesday, October 22, at the Milimani Law Courts, Justice Bahati Mwamuye made the decision to stop state agencies from obstructing Morara’s activities. The orders will remain until a case filed by the Law Society of Kenya (LSK) is fully heard and decided.

What the Court Ordered

Protection for Morara’s Work: The court issued a conservatory order preventing state agencies from interfering with Morara’s work of monitoring and expressing his views on government projects.
No Arrest or Charges: The court also ruled that Morara cannot be arrested or charged for an incident at Bomas of Kenya on October 4, where he was accused of causing a disturbance.

Justice Mwamuye ruled that the authorities cannot take action against Morara for the Bomas incident or similar offenses, without permission from the court.

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Who is Involved?

The key respondents in this case include:

Office of the Attorney General
Inspector General of Police

LSK’s Argument

The LSK is challenging the constitutionality of Section 95(1)(b) of the Penal Code, which deals with the offense of causing a disturbance that might lead to a breach of peace.

Freedom of Expression: LSK argues that this section violates the right to freedom of expression, as protected by the constitution.
Too Broad: They claim that the law is too vague and could be unfairly used against individuals like Morara.

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