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Okiya Omtatah fears for his life after President Ruto’s ‘sword’ remarks

By Nyaboga Kiage December 19th, 2023 2 min read

Busia Senator Okiya Omtatah now says his life is in danger.

Mr Omtatah went to Mosocho police station in Kitutu Chache sub-county in Kisii on the night of December 18, 2023 to lodge a complaint against President William Ruto’s recent sword remarks.

However, police officers at Mosocho recorded the matter under Occurrence Book (OB) number 3/19/12/2023 and asked him to proceed to Nyanchwa Police Station where the Directorate of Criminal Investigations (DCI) officer in charge would record his statement. The statement was recorded at 4.45 am.

Nairobi News understands that officers at Nyanchwa police station did not entertain him and instead asked him to leave.

Also read: Consequences of using Ruto’s trademarked ‘mambo ni matatu’ phrase

Mr Omtatah, who is also an activist, said he was chased out of the station because the officer in charge did not allow him to record his statement.

“From the recent comments by the Head of State that the sword given to him is not for cutting vegetables and can be used to deal with some people who oppose his development agenda, it is worrying,” Omtatah told Nairobi News via a phone interview.

According to the senator, who is serving his first term, he will not take the matter lightly and that DCI officers should investigate President Ruto.

Mr Omtatah said the President is only immune from being tried but not from being investigated.

According to Article 143 of the Constitution, the President is protected from legal proceedings.

It states that no criminal proceedings shall be instituted or continued in any court against the President or any person performing the functions of that office during their tenure of office.

“No civil proceedings shall be instituted in any court against the President or a person performing the functions of that office during their tenure of office in respect of anything done or omitted to be done in the exercise of their powers under this Constitution,” it reads in part.

Also read: Seth Panyako: President Ruto’s phone call forced me to resign

“Where provision is made by law for limiting the period within which proceedings under subsection (1) or (2) may be instituted against a person, any period during which the person holds or performs the functions of the office of President shall not be included in the computation of the period prescribed by that law,” it adds.

However, section four states that the President’s immunity under this article does not extend to any offence for which the President may be prosecuted under a treaty to which Kenya is a party and which prohibits such immunity.

Mr Omtatah said such a threat is an offence under international law for which he can be prosecuted.

“It is important that the police investigate and file the matter so that once he leaves office, he can be held accountable for the remarks,” he said.

On Saturday, December 16, 2023, the Head of State said he will deal with those who oppose his development agenda. He was speaking during an event at Cardinal High School in Mosocho, where he was holding a fundraiser.