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Originally published by Nation News
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February 12, 2026
16h ago

Court quashes offence of 'creating disturbance'

Court quashes offence of 'creating disturbance'

'It is a ‘colonial relic’ that infringes on the right to Freedom of Expression.' - LSK..

✨ Key Highlights

The High Court in Kenya has declared the penal code offense of 'creating disturbance in a manner likely to cause a breach of peace' unconstitutional, null, and void. The court deemed section 95(1)(b) of the penal code as broad, vague, and inconsistent with the constitution, instructing police to cease its enforcement.

  • The offense, a misdemeanor, carried a punishment of up to six months in prison.
  • The Law Society of Kenya (LSK) successfully challenged the section, labeling it a 'colonial relic' that infringed on the right to Freedom of Expression.
  • The court also quashed criminal proceedings against activist Morara Kebaso, who was arrested on October 8, 2024, for monitoring government projects.

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