Arrested Ruaraka MP TJ Kajwang faces death sentence following his acts of administering oath to Nasa Leader Raila Odinga on Tuesday.
According to the Constitution section 59 and 60 of the penal code, any person who is present at administering oath, is guilty of a felony and is liable to imprisonment for life or death sentence.
The section talks about illegal oaths purporting to bind the person who takes it to commit any offence punishable with death.
playRaila Odinga, taking oath at Uhuru Park. TJ TJ Kajwang faces death sentence after administering oath to Raila (Courtesy)
According to Nairobi News, Police at the Directorate of Criminal Investigations were on Wednesday night preparing the offence charges that attract a death sentence, against T J Kajwang’.
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.
playRaila Odinga, taking oath at Uhuru Park. TJ TJ Kajwang faces death sentence after administering oath to Raila (Courtesy)
The MP was at the heart of the much awaited swearing-in along with the self-proclaimed National Resistance Movement (NRM) General Miguna Miguna.
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 MPs march was halted at the main entrance of the station by the police officers who refused them to gain entry to see the detained MP.
playNASA leaders being teargassed. TJ Kajwang faces death sentence after administering oath to Raila (Courtesy)