Ruto wanted me hanged over mock swearing in, says Raila
ODM leader Raila Odinga has revealed that Deputy President William Ruto was piling pressure on President Uhuru Kenyatta to have him charged with treason for his mock swearing ceremony after the disputed presidential poll in 2017.
Raila said it took the intervention of President Kenyatta for him not to be charged with treason for his mock swearing in ceremony.
Speaking Nyamira, Raila said Uhuru put aside all their political differences and sought a lasting solution to the political acrimony that rocked the country each election cycle.
The ODM leader said Ruto wanted the State to prefer charges against him and eventually coerce court to find him guilty and sentence him to death.
The DP’s plan was to use the charges to lock out the ODM leader from the 2022 presidential race.
According to the Section 40 of the Penal Code, treason is where an individual or persons:
(a) compasses, imagines, invents, devises or intends - (i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or
(ii) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Armed Forces of the Republic of Kenya; or
(iii) the overthrow by unlawful means of the Government; and (b) expresses, utters or declares any such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing or by any overt act or deed, is guilty of the offence of treason
However, the constitution says that no person charged with treason, or with any of such felonies, can be convicted, except on their own plea of guilt or if there is evidence offered in open court by at least two witnesses to an overt act of treason or felony alleged.
Treason, concealment of treason and subversion charges were used to detain and imprison numerous critics of the Daniel arap Moi regime.
The adoption of the 2010 constitution did not lead to a repeal or amendment of these laws.
Subsequent to the 1982 coup, 12 plotters - including
armaments technician Corporal Bramwel Njereman, Corporal Walter Ojode, Hezekiah Ochuka and Pancras Otenyo - were convicted of treason and sentenced to death.
The men were executed on the night of July 10, 1985 at Kamiti Maximum Security Prison.
At the end of the putsch, a total of 12 people had been sentenced to death and more than 900 jailed.
Raila saluted Uhuru for seeking reconciliation, saying the Head of State demonstrated outmost restraint in refusing to follow the path the Deputy President wanted him to follow.