President Uhuru Kenyatta has broken his silence over claims by Nairobi Senator Mike Sonko that he was the acting President of Kenya last Friday.
Speaking at State House during the Anti-Corruption and Accountability Summit, President Uhuru stated that he never stopped being the President of Kenya even at one instance.
“I have only left my office and handed over the responsibility to my deputy on one occasion only. Even when I’m in Togo, I am still the President of Kenya,” Kenyatta said.
The president rubbished the remarks Sonko made saying ‘Do not worry what people say in funerals’.
The president’s remark seems to direct DPP Keriako Tobiko and Police boss to stop wasting public resources investigating Sonko’s remarks.
On Friday, Sonko caused a spectacle at the burial of former Kathiani Member of Parliament (MP) Wavinya Ndeti’s husband after he declared himself President alleging that since Kenyatta and his deputy were not in the country he was third-in-command.
“The President is in Togo and his Deputy is in France. I am now the third in command and the acting President of the Republic of Kenya. All these police officers and vehicles you see are here because am now the acting President,” Sonko said on Friday.
The president seem to agree with blogger Wahome Thuku that Sonko had done nothing wrong by expressing his opinion at a funeral. This is how Thuku who is also a trained lawyer analysed Sonko’s remarks in light of calls for prosecution:
TREASON IN KENYA is an offence under Section 40 of the Penal Code. But its an offence which you are not likely to commit even if you wanted to.
IN 2016, Treason would entail: compassing, imagining, inventing, devising or intending:-
1. To kill, main, wound, imprison or restrain president Uhuru Kenyatta (not his DP). OR
2. To unlawfully depose him (Uhuru) from Presidency or from position of Head of State or CIC of Armed Forces. OR
3. To unlawfully overthrow his govt.
Still, that is not enough to commit Treason. Having compassed, imagined, invented…..the above you must then go to the next stage; utter or declare all that by (note carefully), publishing any printing or writing or by any overt act or deed.
Now, Treason can only be committed by someone who owes allegiance to the Republic of Kenya. Any other person would commit Treasonable Felony.
Trial for any of the two can only be commenced within two years after the offence is committed. The punishment for any of them is death sentence.
Now go back to the Sonko man and point out what he did that would or would not meet the above threshold.
Did he print or write anything? No.
We go to “declaring by overt act”. What was the treasonable overt act? May be speech at the burial.
Did he declare (in speech) that he was going to kill, maim, imprison or restrain Uhuru Kenyatta or depose him or overthrow his govt? May be he did.