Friday November 8, 2019 - Former Prime Minister Raila Odinga recorded a huge victory against the Government of President Uhuru Kenyatta after the court ruled that he did not commit any crime when he was sworn in as the People’s President in January last year.
In his landmark ruling, Chief Magistrate Stephen Mbungi noted that the oath taken by Raila after the disputed 2017 presidential election was not unlawful, and that he would have only been held responsible if he used his swearing-in to commit a crime.
“From the content of the oath, Hon Raila Odinga swore himself to the office of the people’s president which does not amount to any crime.”
“He would have only breached the law if he swore himself as the president of the Republic of Kenya,” ruled Mr Mbungi.
According to the magistrate, Raila’s actions did not amount to treason as claimed by the Director of Public Prosecutions and the oath he took was lawfully administered in accordance with oaths and declaration laws.
He held that the swearing-in would have only amounted to treason if Raila and the organisers of the event declared their intention to overthrow the Government.
“The oath does not talk of the people’s president of the Republic of Kenya.”
“It only talks of the President of the Republic of Kenya.”
“ It was not unlawful for it did not bind Mr Odinga to commit any crime or did he swear himself to a lawfully established office when not qualified for it,” he ruled.
The judge made the declarations when he acquitted Ruaraka MP Tom Kajwang’ from charges of treason and taking part in unlawful assembly.
The Kenyan DAILY POST