Police at the Directorate of Criminal Investigations were on Wednesday night preparing capital offence charges that attract a death sentence, against Ruaraka Member of Parliament T J Kajwang’.
According to Nairobi News,the state intends to rely on sections 59 and 60 of the penal code,which addresses issues to do with illegal oaths.
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The section binds the person who takes it to commit any offence punishable with death.
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 penal code continues to state that, “Any person who administer 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 felony and shall be sentenced to death”
Kajwang was arrested a day after he attended NASA leader Raila Odinga’s swearing-in as the “People’s President” before thousands at the historic Uhuru Park grounds.
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The Legislator, was arrested by Flying Squad officers outside Milimani law courts and asked to head to DCI headquarters
Wednesday evening NASA leaders were teargassed as they marched to Nairobi Area Police station demanding to see the legislator.
The case is being heard as at this writing.
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