Mildred Awiso to be charged with incitement to violence
Activist Mildred Atty Owiso who was dramatically arrested on Saturday morning will be charged with incitement to violence, police have said.
Buruburu Sub County Police Commander (SCPC) Adamson Bungei while confirming the arrest said Owiso, was arrested for inciting the public to violence on Thursday. She is being held at Makongeni police station where she will spend the weekend until Monday.
Owiso recorded herself on video ordering a police officer who had apprehended her over an alleged traffic offence to leave her car, saying it was unlawful for a traffic officer to enter a suspected wrong-doing motorist’s car.
“She has been arrested in connection with incitement to violence. On Thursday, she recorded herself on video asking a uniformed police officer to leave her car on grounds that no law enforcement officer is allowed to enter a motorist’s car to make an arrest, which is not true,” said Bungei.
The incident happened on Jogoo Road, Nairobi.
Section 96 of Kenya’s Penal Code criminalises incitement to violence, and a wrongdoer found guilty of the offence could be jailed for up to five years.
“Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints or publishes any words, or does any act or thing, indicating or implying that it is or might be desirable to do, or omit to do, any act the doing or omission of which is calculated- (a) to bring death or physical injury to any person or to any class, community or body of persons; or (b) to lead to the damage or destruction of any property; or (c) to prevent or defeat by violence or by other unlawful means the execution or enforcement of any written law or to lead to defiance or disobedience of any such law, or of any lawful authority, is guilty of an offence and is liable to imprisonment for a term not exceeding five years.”
Mildred Awiso after being arrested, to be charged with incitement with violence on Monday. #freeatty pic.twitter.com/N2YKewux5T
— Hilary Kimuyu (@hilarykimuyu) January 25, 2020
On Saturday morning, the Buyer Beware admin was house was raided by almost a dozen police officers who were forced to lob teargas after she refused to open the door.
The activist streamed the altercation live on Facebook page, Buyer Beware.