Babu Owino has been charged at Milimani Law Court with taking part in unlawful assembly and subversion.
The Star has established that soon after arrival, the MP was taken into the court’s cells where he is being held.
Babu was accused of contravening the Public Order Act (Cap. 56) and the Penal Code (Cap. 63), which defines an unlawful assembly as any assembly of three or more persons who, with intent to carry out any common purpose, tumultuously assemble together in such a manner as to cause fear or alarm to the public or to any person in the neighbourhood.
Babu’s supporters are gathered outside the court waiting for the MP.
An unlawful assembly can be prevented by the police if they have reasonable grounds to believe that it will lead to a breach of the peace.
Earlier, one of Babu Owino’s lawyers Ndegwa Njiru said that they had been denied access to the MP who was being detained at the Nairobi Area police station.
The police may also disperse an unlawful assembly by using force if necessary.
Ndegwa who spoke outside the police station said that they had also been denied access to the police station.
Anyone who takes part in an unlawful assembly is guilty of an offence and liable to a fine of up to KSh100,000 or imprisonment for up to two years, or to both.
by: ouchoh