Court Bars Govt From Arresting Morara Kebaso & Interfering With His Exposés
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).
Viral Tea Ke Writer 
Lawyer and activist, Morara Kebaso was cheered up after the High Court issued conservatory orders preventing state agencies from interfering with his famous efforts in monitoring 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).
This means that all state agencies are barred from interfering with activities regarding monitoring or expressing views on government conduct, projects, and programmes.
The Milimani Law Courts in Nairobi. /FILE
''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 LSK challenging the constitutionality of Section 95(1)(b) of the Penal Code, which addresses the offence of creating a disturbance that may lead to a breach of the peace, a charge brought against Kebaso in the courts.
LSK argued that it went against the right of freedom of expression as provided in the Constitution and that the offence was 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.
The judge also directed that the activist 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.
Among the respondents in the case are the Office of the Attorney General and the Inspector General of Police.
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. As for the government, it 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.
This came two days after Morara decried attempts on his life, having been on the government's radar for his campaign against the government in the form of the vampire diaries series.
