Sharp Daily
No Result
View All Result
Sunday, June 1, 2025
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
Sharp Daily
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
No Result
View All Result
Sharp Daily
No Result
View All Result
Home News

Court blocks state from interfering with Morara Kebaso’s government project monitoring

Brian Murimi by Brian Murimi
October 23, 2024
in News
Reading Time: 2 mins read

The High Court has issued conservatory orders preventing state agencies from interfering with the activities of a local activist accused of creating a disturbance, pending the outcome of a petition challenging the constitutionality of the charge.

Justice Bahati Mwamuye of the Milimani Law Courts barred the police and other state entities from arresting or prosecuting Morara David Kebaso, who is facing criminal charges for his involvement in monitoring government projects.

The orders were issued following a petition filed by the Law Society of Kenya (LSK), which disputes the legality of Section 95(1)(b) of the Penal Code, a provision criminalizing disturbance likely to cause a breach of peace. LSK argues that the provision is a remnant of colonial-era laws, and that its continued enforcement infringes on freedom of expression as enshrined in the Kenyan Constitution.

The case arises from an incident at the Bomas of Kenya earlier this month, where Morara, a vocal government critic, was arrested for allegedly causing a disturbance. LSK has termed the charge unconstitutional, arguing it is overly broad and vague, making it susceptible to abuse by authorities to suppress dissent. In the petition, LSK contends that the provision violates Article 33(1) of the Constitution, which guarantees the right to freedom of expression, as well as Article 50(2)(n), which ensures that laws must be clear and precise.

RELATEDPOSTS

Morara Kebaso: DP Gachagua is worse than Ruto, both should be impeached

October 7, 2024

ODPP discloses reasons behind the arrest of lawyer Morara Kebaso

October 1, 2024

In granting the interim orders, Justice Mwamuye noted that the petitioner had raised serious concerns about potential violations of constitutional rights. He observed, “The Petitioner has placed before this Court grave allegations of potential past, present, and future infringements of the constitutional rights of the Interested Party and other persons.”

However, the judge stopped short of issuing a blanket order to halt the enforcement of Section 95(1)(b) against all citizens, limiting the scope of the ruling to Morara for now. The conservatory orders prevent the state from interfering with Morara’s activities, particularly those related to monitoring government conduct, programs, and projects, until the matter is fully heard.

LSK Chief Executive Officer Florence Muturi, in a supporting affidavit, expressed concern that the law could be weaponized against critics of the government. “The Petitioner verily believes that the charge under Section 95(1)(b) is unconstitutional and can be used by the government to silence dissent or alternative voices,” she stated.

The court directed that the state must cease all legal actions against Morara related to the Bomas of Kenya incident without seeking further leave from the court. In addition, it ordered the Law Society to serve the petition and court orders to the State Law Office, the Inspector General of Police, and the other respondents by 23 October 2024, with responses expected by 8 November 2024. The next hearing is set for 20 November 2024.

Previous Post

Foreign reserves steady as Kenyan markets hold strong

Next Post

DPP arraigns Taita Taveta officials for corruption and mismanagement

Brian Murimi

Brian Murimi

Brian Murimi is a journalist with major interests in covering tech, corporates, startups and business news. When he's not writing, you can find him gaming, watching football or sipping a nice cup of tea. Send tips via bireri@thesharpdaily.com

Related Posts

News

Co-op Bank posts KES 6.9 billion profit in Q1’2025

May 16, 2025
Agriculture And Economy
News

Lets get Kenya out of FATF list

May 9, 2025
News

The downside of Impact Investing

May 2, 2025
News

Leadership challenges at the University of Nairobi

April 24, 2025
News

Easter eggs and earnings: Growing your nest egg with CMMF

April 16, 2025
News

Geoffrey Ruku declares KES 377M net worth during CS vetting

April 15, 2025

LATEST STORIES

Best investments for Kenyan seniors: Secure, predictable & low-risk

May 30, 2025

Why June is the Secret Sweet Spot for Travel

May 30, 2025

Strategies to elevate more women to corporate leadership

May 30, 2025

Tap on Kenya’s 2025 tech revolution

May 30, 2025

How CURBS supports employers and employees

May 30, 2025

NSE deserves more attention from young investors

May 29, 2025

The silent strain of remote work on Kenya’s urban workforce

May 29, 2025

How Kenya’s crypto bill could reshape the digital economy

May 29, 2025
  • About Us
  • Meet The Team
  • Careers
  • Privacy Policy
  • Terms and Conditions
Email us: editor@thesharpdaily.com

Sharp Daily © 2024

No Result
View All Result
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team

Sharp Daily © 2024