Nominated Member of Parliament David Sankok seeks to move to court to bar former Prime Minister Raila Odinga from vying for presidency in August 2022 citing treason.
Speaking to the press, Sankok said he has prepared a battery of lawyers ready to go to court over the treason claims.
“Raila committed treason in 1982 and also swore himself in 2017. Those who swore him were punished TJ Kajwang still has a case in court while the other Miguna was deported, yet Raila has not been punished,” he said.
“I will move to court to seek guidance on whether it is fair for such a person, with such a bad history, to vie for presidency in this great nation. The fact that he shook hands with President Uhuru Kenyatta doesn’t cleanse him from his past sins,” he added.
He further questioned the handshake between Odinga and the President Uhuru,” Is it because of the handshake? Does the handshake wash all your sins?” he posed.
According to the Section 40 of the Penal Code, treason is where an individual or persons: compasses, imagines, invents, devises or intends the death, maiming or wounding, or the imprisonment or restraint, of the President.
It is also 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.
“… 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,” states the penal code.
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.