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February 12, 2026
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Win for Youths as Court Bars Police From Arresting for ‘Causing a Disturbance'

Win for Youths as Court Bars Police From Arresting for ‘Causing a Disturbance'

Causing a disturbance has been a misdemeanour that carries a penalty of up to six months' imprisonment...

✨ Key Highlights

The High Court has declared Section 95(1)(b) of the Penal Code, which criminalizes “Creating a disturbance in a manner likely to cause a breach of peace,” unconstitutional. This ruling, delivered on Thursday, February 12, 2026, bars law enforcement from making arrests under this broad and vague provision.

  • The provision carried a penalty of up to six months' imprisonment.
  • The Law Society of Kenya (LSK) challenged the section, arguing it infringed on Kenyans’ right to freedom of expression under Article 33 of the Kenyan Constitution, 2010.
  • The case of activist Morara Kebaso, arrested on October 8, 2025, for monitoring government projects and charged under this section, is expected to be the last of its kind.
  • The ruling by Judge Bahati Mwamuye aims to reduce instances of over-policing, following recent public outrage over police misconduct.

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