Court grants Morara temporary relief from prosecution

By Robert Mutasi 

The Milimani Law Courts made a landmark ruling as Justice Bahati Mwamuye issued conservatory orders protecting lawyer and activist Morara David Kebaso from arrest and prosecution. 

In a petition by the Law Society of Kenya (LSK), the application of Section 95(1)(b) of the Penal Code against Kebaso was challenged.

The order, dated Tuesday, temporarily restrains the government, the Office of the DPP, and the Inspector General of Police from interfering with Kebaso's activities until the petition is heard and determined. 

This development comes at the back of an altercation which occurred on October 4, 2024, at the Bomas of Kenya, in which Kebaso was said to have taken part in actions that the authorities construed as illegal.

"Pending the inter partes hearing and determination of the application dated 15/10/2024, a conservatory order is hereby issued restraining the respondents from interfering with the interested party's actions regarding monitoring or expressing views on government conduct, projects or activities," ruled Justice Mwamuye.

The petition now seeks a suspension of the enforcement of Section 95(1)(b) of the Penal Code on causing public alarm and incitement, which it claims has been used to suppress free speech and public oversight. 

The court order bars any further prosecution against Kebaso, especially on issues related to the happenings at Bomas of Kenya, unless the court gives explicit orders otherwise.

The ruling read, "Pending the inter partes hearing and determination of the application. a conservatory order is hereby issued restraining the respondents from arresting, charging, or prosecuting the interested party in connection with the events of 04/10/2024."

The court ordered the LSK to serve the application and petition to the respondents and interested parties by October 23, 2024.

The government and the law enforcement bodies are to file their responses on November 8, 2024.

This ruling now becomes an important moment in Kebaso's continuing fight for civil liberties, as it temporarily puts a stay of prosecution on him until the court considers the constitutionality of charges brought against him. 

It also points to growing scrutiny over laws used to regulate public dissent and criticism of government activities.