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Morara Kebaso case: LSK trains guns on the penal code

Morara Kebaso

Lawyer Morara Kebaso at the Milimani Law Court on October 1, 2024.

Photo credit: Wilfred Nyangaresi | Nation Media Group

What you need to know:

  • Mr Kebaso was arrested on October 8, and booked at Lang’ata Police Station and was later informed that he would be charged with creating disturbance in a manner likely to cause a breach of peace.
  • The activist was later released on a free bond waiting to be arraigned in Kibera for plea taking.

The Law Society of Kenya (LSK) wants a section of the Penal Code that creates the offence of ‘creating a disturbance in a manner likely to cause a breach of the peace’ declared unconstitutional.

The lawyers’ body argues that section 95(1)(b) of the Penal Code, is a “colonial relic” that infringes on the right to Freedom of Expression as provided by the Constitution, and the offence is too broad and vague.