Key points about treason following President Ruto's speech

Published By Whitney Okore For The Statesman Digital
5 months ago

President William Ruto on Tuesday, June 25 declared the Anti-tax protests as treason.

The President in a National address at 9 pm Tuesday, described the protests as a grave threat to Kenya's security and vowed to prevent their recurrence at whatever cost.

President Ruto blamed the violence on "criminals pretending to be peaceful protesters" and said, "We must isolate crime from democratic expression, and separate criminals from people exercising the freedom of expression and divergent opinion."

But What is Treason?

Treason refers to the betrayal of one's own country by attempting to overthrow the government through waging war against the state or materially aiding its enemies.

Section 40 (3) of the Penal Code23 provides that any person who is guilty of the offence of treason shall be sentenced to death.

Treason is where an individual or persons:

(a) compasses, imagines, invents, devises, or intends -

(i) the death, maiming, or wounding, or the imprisonment or restraint, of the President; or

(ii) 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; or

(iii) the overthrow by unlawful means of the Government; and (b) expresses, utters or declares any such compassions, imaginations, inventions, devices or intentions by publishing any printing or writing or by any overt act or deed, is guilty of the offense of treason

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.