NAIROBI, Kenya, Feb 12 – The High Court has struck down Section 95(1)(b) of the Penal Code, effectively abolishing the criminal offence of creating disturbance in a manner likely to cause a breach of peace.
In a landmark ruling, Justice Bahati Mwamuye ruled that the provision is broad, vague, and incompatible with the Constitution, and directed law enforcement agencies to immediately cease its enforcement.
Previously, the offence carried a maximum penalty of six months’ imprisonment.
The Law Society of Kenya (LSK) successfully challenged the law, calling it a colonial-era relic that violates the constitutional right to freedom of expression.
The ruling also quashed criminal proceedings against activist Morara Kebaso, who had been arrested on October 8, 2025, for monitoring government projects and facing charges under the repealed law.
“This declaration confirms that Section 95(1)(b) of the Penal Code is unconstitutional, null, and void,” the court affirmed.
The decision is widely hailed as a milestone for human rights and free expression in Kenya.
