Big Blow To DPP as Court Rules Raila’s Swearing-in as the People’s President is Not Illegal

    The court has ruled that the Orange Democratic Movement(ODM) chief Raila Odinga did not commit any crime when he was sworn in as the people’s president in 2018 January.

    Chief Magistrate Stephen Mbungi, in his ruling regarding the ODM leader taking the oath, after
    the disputed 2017 presidential election, ruled that the oath taken by Raila was not unlawful, explaining that he would only have been held responsible if he used his swearing-in to commit a crime.

    Magistrate Mbungi’s ruling statement reads, “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.”

    According to magistrate Mbugi, ODM chief swearing-in as the people’s president did not amount to any treason as claimed by the Director of Public Prosecutions (DPP) and the oath Raila took was lawfully administered in accordance with oaths and declaration laws.

    Explaining further, Magistrate Mbugi said the swearing-in would have only amounted to treason if Raila and the organizers of the swearing-in event declared to overthrow the Government adding that the manner in which the President is sworn into office as per the Constitution and that what Raila and his supporters did on that day was not unconstitutional.

    After explaining why Raila’s swearing-in is not illegal Magistrate Mbugi finally ruled, “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.”

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