Win for Morara Kebaso as High Court rules on his government exposés
High Court bars government from interfering and arresting Morara Kebaso over his expose
High Court bars government from interfering and arresting Morara Kebaso over his expose.
The High Court, on Wednesday, dealt a blow to the government after it issued conservatory orders restraining state agencies from interfering with the activities of activist Morara Kebaso regarding the monitoring of government projects.
In a ruling delivered at the High Court in Milimani, Justice Bahati Mwamuye directed all state agencies to refrain from interfering with activities regarding monitoring or expressing views on government conduct, projects, and programmes.
”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 (the Government, Office of the Director of Public Prosecutions and Inspector General of Police), 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,’’ Mwamuye directed.
The ruling followed 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 in the courts.
”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,’’ court documents filed by LSK read.
The judge also directed that the government should not arrest the activist as he continues to take a tour of the development projects across the country.
Additionally, Morara emerged victorious after the High Court directed that the government should not bring forth any case against him regarding the activities that took place at the Bomas of Kenya where he was charged with intent to cause disturbance.
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”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,’’ Mwamuye added.
Subsequently, LSK was directed to serve the government and other interested parties with the ruling before the end of Wednesday, as the court is set to make a further ruling later.
Meanwhile, the government was directed to submit its responses in regard to the case by November 8 this year.
”The petitioner/applicant shall serve the application, the Petition, and this Court Order on the Respondents and the Interested Party by close of business 23/10/2024 and file an Affidavit(s) of Service in that regard by close of business 24/10/2024,” the ruling stated.
”The respondents and interested party shall file and serve responses to both the application and the petition by close of business 08/11/2024,” it added.
Kebaso has been recently on the government’s radar after making claims that there are attempts targeted at harming his life over his campaign against the government.
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