Ruaraka MP Tom Joseph Kajwang’ is expected to be charged in court today for aiding the ‘swearing-in’ of opposition leader Raila Odinga as the ‘people’s president’.
Police were on Wednesday night preparing capital offence charges that attract a death sentence, against the lawmaker.
The Nation established that the State will rely on Section 59 and 60 of the Penal code, which talks about illegal oaths.
Section 59 says: “any person who is present at, and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or takes any such oath or engagement, not being compelled to do so, is guilty of a felony and is liable to imprisonment for life.”
The subsequent section adds: “Any person who administers an oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence, punishable with death, is guilty of a felony and shall be sentenced to death.”
On Thursday morning, police used teargas to disperse a group of youth at the Milimani Law Court in Nairobi where the MP is expected to be charged.