Embakasi East MP Babu Owino could be jailed for seven years
if the state succeeds in its case against him.
Sources indicated that the state prosecutors were pushing
for a maximum sentence even though they sought more time to fully prepare the
case against the former student leader.
On Tuesday, Owino’s charge sheet indicated that he was taken
to court for allegedly breaking Section 77 of the Penal Code.
Pulselive.co.ke did a spot check and established that
section of the penal code stipulates for a maximum of seven years.
“Any person who does or attempts to do, or makes any
preparation to do, or conspires with any person to do, any act with a
subversive intention, or utters any words with a subversive intention, is
guilty of an offence and is liable to imprisonment for a term not exceeding
seven years,” the section reads.
The Penal Code goes ahead to list 6 definitions of
subversive activities which include supporting acts that undermine the security
of Kenya; incitement to violence; support for people who wish to act in
unlawful manner; among other things.
The controversial statement by the Embakasi MP was
supposedly intended to cause unlawful disorder.
“Kama Gaddafi alitolewa na wananchi kama Ggabo alitolewa na
wananchi kama Yahya Jammeh alitolewa na wananchi, wewe ni nani? Wewe ni mtoto
wa mbwa…” Owino is alleged to have said as captured in his charge sheet.
