You can no longer be arrested for 'creating disturbance' - Court declares

In a landmark decision, the court held that the provision is inconsistent with the Constitution, describing it as broad, vague and incapable of precise interpretation.

Judge Bahati Mwamuye directed law enforcement agencies to immediately cease its enforcement.

The offence, previously classified as a misdemeanor, carried a penalty of up to six months’ imprisonment.

The Law Society of Kenya (LSK) successfully challenged the provision, terming it a colonial relic that infringes on the constitutional right to freedom of expression.

“A declaration be and is hereby issued that Section 95(1)(b) of the Penal Code is inconsistent with the Constitution and is therefore unconstitutional, null and void,” the court ruled.

The decision also saw the court quash criminal proceedings instituted against activist Morara Kebaso. Kebaso was arrested on October 8 last year and booked at Lang’ata Police Station for monitoring government projects.

He was informed he would be charged with creating a disturbance in a manner likely to cause a breach of peace.