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Busia Senator Okiya Omtatah has said his life is in danger. The Senator reported the claims at Mosocho Police Station in Kitutu Chache Sub-County in Kisii on Monday night.

The matter was recorded under Occurrence Book (OB) number 3/19/12/2023 and the Senator asked to go to Nyanchwa Police Station where the officer in charge of the Directorate of Criminal Investigations (DCI) would record his statement. The OB was recorded at 4:45am.

Nation.Africa understands at Nyanchwa Police Station Mr Omtatah was not allowed to record his statement. Mr Omtatah said the officers at the station sent him away.

Mr Omtatah cited President William Ruto’s recent remarks about individuals who are opposed to his development agenda as the reason why he feels threatened.


This after President Ruto at the weekend said those who were going to court and opposing his projects were enemies of Kenya.

Senator Omtatah said he is not taking the matter lightly and wants the DCI officers to investigate President Ruto.

Mr Omtatah also said the President is immune from being taken to court but not immune from being investigated.

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

“Civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this Constitution,” the Article reads in part.

“Where provision is made in law limiting the time within which proceedings under clause (1) or (2) may be brought against a person, a period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the period of time prescribed by that law,” it further states.

However, section four states that the immunity of the President under this Article shall not extend to a crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity.

Mr Omtatah said such a threat is an offence under International Law and the Head of State can be prosecuted for that.

“It is important that the police investigate the matter and file it so that once he leaves office he can be put to task over the remarks,” the Senator said.

Similarly, President Ruto has come under fire over recent remarks that some of his projects are unstoppable despite court injunctions.

On Monday, the Law Society of Kenya (LSK) and Third Way Alliance Party faulted the President saying he has no option but to respect the Courts.

LSK Chairman Eric Theuri, further termed President Ruto’s stance as a threat to the rule of law.

“The President’s statements, which seem to label those utilizing constitutional court processes to question the government decisions as adversaries of national progress, are a direct threat to the rule of law and administration of justice. As a primary defender of public interest, the LSK finds such characterizations misleading and deeply troubling,” Theuri said.



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