Why the big hullabaloo about Sonko’s hilarious theatrics?

Nairobi County Senator Mike Mbuvi Sonko is being restrained by Ms Wavinya Ndeti during the burial of her husband at Mutungoni, Athi-River, on October 14, 2016. Mr Sonko disrupted proceedings saying he wanted to read President Uhuru Kenyatta's speech. PHOTO | STEPHEN MUTHINI | NATION MEDIA GROUP

What you need to know:

  • Sonko may have provoked some excitement at an otherwise sombre occasion, and maybe also could be accused of incitement or behaving in a manner likely to cause a breach of the peace.
  • It was just a huge dose of comic relief and, therefore, my shock when all manner of commentators started claiming that the senator was committing treason or sedition by usurping the powers of the President.
  • The intervention required would not be from the enforcers of law and order, but maybe concerned friends and relatives who might be concerned enough to send me to a psychiatrist.

Nairobi Senator Mike Sonko provided his usual dose of outrage when he declared himself acting president last Friday.

Sonko (I find it impossible to precede that contrived but legal name with the formal “Mr”) claimed he had been detailed to read President Uhuru Kenyatta’s condolence message at the funeral of former Kathiani MP Wavinya Ndeti’s husband, and apparently let that go to his head.

The uproar Sonko’s appropriation of power caused was hilarious. The senator was, of course, way off the mark, but trust Mike Sonko to pull stunts like that.

It was just a huge dose of comic relief and, therefore, my shock when all manner of commentators started claiming that the senator was committing treason or sedition by usurping the powers of the President.

I thought that was total balderdash until no less than the Director of Public Prosecutions, Mr Keriako Tobiko, jumped into the fray and ordered Inspector General of Police Joseph Boinnet to haul in Sonko for interrogation and possible prosecution.

On what possible offence against the laws of Kenya, my dear sirs? Making stupid statements or being a little bit thick?

Provoking outrage by pretending to occupy a seat one is not entitled to is also not an offence under the Penal Code.

I could get carried away while pontificating on this page and proclaim myself president of Kenya. That, however, should absolutely not worry State House or law enforcers unless I followed that up with actual intent to unlawfully depose the president of Kenya, as by law established.

The intervention required would not be from the enforcers of law and order, but maybe concerned friends and relatives who might be concerned enough to send me to a psychiatrist.

Sonko may have provoked some excitement at an otherwise sombre occasion, and maybe also could be accused of incitement or behaving in a manner likely to cause a breach of the peace.

But otherwise, it does not need a legal mind to tell that he committed no offence that could remotely touch on sedition or treason.

Maybe President Kenyatta and other concerned friends could tactfully suggest that he submits to an examination like the one I might be subjected to for similar statements.

They could also have him checked for inhalation, ingestion, or consumption of those substances that tend to fry the brain. But that should be as far as the intervention goes. It should be about trying to help Sonko, not jail him.

My biggest worry here is that a presumably learned lawyer like the Director of Public Prosecutions should see childish talk as warranting criminal investigation.

DUBIOUS LEGAL STANDING

His directions remind me of another lawman of eons past, former Attorney-General Charles Njonjo, who in 1975 falsely proclaimed that it was treasonable and punishable by mandatory death sentence to “imagine” the death of the president.

With that one pronouncement of dubious legal standing in 1975, Mr Njonjo stopped in their tracks key insiders of Mzee Jomo Kenyatta’s regime who had launched a public campaign to influence the presidential succession in the event of the Old Man’s demise.

Kenyatta I presided over a one-party dictatorship where the president was deemed immortal and infallible.

Kenyatta II is in an entirely different regime and would probably care little about being elevated to demi-god status. He would chuckle at Sonko’s histrionics and ask him over for a drink and a puff.

So, who is Mr Tobiko trying to impress?

*****

Looks like Kenya Airways is on its deathbed. Besieged CEO Mbuvi Ngunze looks like a nice chap, but is either hopelessly out of his depth or inherited from his predecessor and mentor, Titus Naikuni, a sinking ship that was beyond redemption.

Investigations into the plunder and incompetence that crippled what was once about the most profitable airline in the world, for its size, must go back to the previous management and board, and all responsible made to pay.

But meanwhile, strike threats by pilots and other staff at this time should be viewed as sabotage calculated to drive the final nail into Kenya Airways’ coffin.

The authorities must call their bluff, even if it means shutting down the airline for a while until common sense prevails.

[email protected]. @MachariaGaitho