The Lower Eastern Times Opening The Third Eye
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The High Court has declared Section 95(1)(b) of the Penal Code unconstitutional, effectively scrapping the offence of creating a disturbance likely to breach the peace.
In a significant ruling, Justice Bahati Mwamuye found the provision to be overly broad, vague, and inconsistent with constitutional protections, ordering police and other enforcement agencies to stop applying it with immediate effect.
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Before the decision, the offence attracted a penalty of up to six months in jail.
The Law Society of Kenya (LSK) had petitioned the court to invalidate the provision, arguing that it was a colonial-era law that infringed on the constitutional right to freedom of expression.
The court also terminated criminal charges against activist Morara Kebaso, who had been arrested on October 8, 2025, while tracking government projects and charged under the now-invalidated section.
In its judgment, the court affirmed that Section 95(1)(b) is unconstitutional and therefore null and void.
The ruling has been widely celebrated as a major step forward for civil liberties and freedom of expression in Kenya.
