Law Society of Kenya Challenges Constitutionality of Penal Code Provision in Landmark Case
The Law Society of Kenya (LSK) has taken a significant step in defending human rights by filing a petition challenging the constitutionality of section 95(1)(b) of the Penal Code. This provision pertains to the offence of creating a disturbance likely to cause a breach of the peace, which the LSK argues has been misused to unjustly arrest individuals.
The petition arose following the violent attack on Morara Kebaso at the Bomas of Kenya, where this legal provision was reportedly cited as the basis for his arrest. The LSK’s action aims to address what it views as an unfair application of the law that undermines civil liberties.
In a recent ruling, the High Court issued conservatory orders that prohibit the Kenya Police Service and the Office of the Director of Public Prosecutions from arresting, charging, or interfering with Kebaso’s activities. This decision has been welcomed by the LSK, with President Faith Mony Odhiambo stating that it underscores the courts’ commitment to uphold human rights and prevent the arbitrary use of the criminal justice system.
“We view this determination as a crucial affirmation of justice and the protection of individual rights,” Odhiambo said. “We will pursue this matter to its conclusion and call on the court to prevent any further injustices stemming from this punitive provision of law.”
The case marks a pivotal moment in the ongoing conversation about legal reforms in Kenya, particularly concerning how laws can sometimes be weaponized against citizens. The LSK’s petition seeks not only to protect Kebaso but also to set a precedent that could reshape the interpretation and enforcement of the penal code.
As the legal proceedings unfold, the implications of this case may resonate widely, prompting discussions about the balance between maintaining public order and safeguarding individual freedoms in Kenya.
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