Embakasi East MP Babu Owino could be jailed for seven years if the state succeeds in its case against him.
Sources indicated that the state prosecutors were pushing for a maximum sentence even though they sought more time to fully prepare the case against the former student leader.
On Tuesday, Owino’s charge sheet indicated that he was taken to court for allegedly breaking Section 77 of the Penal Code.
www.kdrtv.com did a spot check and established that section of the penal code stipulates for a maximum of seven years.
“Any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a subversive intention, or utters any words with a subversive intention, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years,” the section reads.
The Penal Code goes ahead to list 6 definitions of subversive activities which include supporting acts that undermine the security of Kenya; incitement to violence; support for people who wish to act in unlawful manner; among other things.
The controversial statement by the Embakasi MP was supposedly intended to cause unlawful disorder.
“Kama Gaddafi alitolewa na wananchi kama Ggabo alitolewa na wananchi kama Yahya Jammeh alitolewa na wananchi, wewe ni nani? Wewe ni mtoto wa mbwa…” Owino is alleged to have said as captured in his charge sheet.