Ruaraka MP Tom Joseph Kajwang yesterday appeared at Ngong Law Courts to face charges of being present and consenting to administration of an oath to commit a capital offense.
The state named the offense as treason which is contrary to section 59(a) of the penal code.
The hearing of the case before Chief Magistrate S. N. Mbugi started on Tuesday and went to its second day yesterday with defense lawyers led by James Orengo and Peter Kaluma arguing that the presence of Kajwang at Uhuru Park during the swearing in for Raila Odinga as people’s president cannot constitute an offense.
Kaluma argued that his client did not participate in the swearing in as alleged and state witnesses have not proved his offence on that day.
“The state prosecution has not proved that my client spoke on that day of swearing at Uhuru Park and the prosecutors have trying to block cross examination of witnesses,” said Kaluma.
According to the particulars before Ngong Chief, Kajwang administered an oath to Odinga purporting to bind him to commit a capital offense of treason.
In the charge sheet, it is alleged that he committed the offense on January 30, at Uhuru Park.
The legislator also faced a second count of taking part in an unlawful assembly without notifying the officer commanding Central police station, Nairobi.
On Wednesday the lawyers said there is need for explanation on the issue of identification to see if the suspect was present during the January 30 illegal oathing of Odinga.
Orengo said the defense team have nothing to hide from the evidence clip since its already in the public domain.
Next hearing will be on June 6.