In a controversial tweet, Ndii was asked the best strategy for Ruto to beat President Kenyatta to which he responded by saying “murder his boss”.
The constitution provides that the Deputy President automatically takes over the Presidency in the event the President dies and serves for the remainder of the term.
The tweet immediately drew criticism with some tweeps warning Ndii that he was likely treading on treasonous grounds.
Section 40 of the Penal Code states that any person who encompasses or imagines the death of a President is guilty of the offense of treason.
“Any person who, owing allegiance to the Republic, in Treason. 32 Cap. 63 Penal Code  Kenya or elsewhere – (a) compasses, imagines, invents, devises or intends – (i) the death, maiming or wounding, or the imprisonment or restraint, of the President; or (ii) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Armed Forces of the Republic of Kenya; or (iii) the overthrow by unlawful means of the Government; and (b) expresses, utters or declares any such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing or by any overt act or deed, is guilty of the offence of treason.” the penal code states in a controversial law that has not been used since its enactment under the regime of Mzee Jomo Kenyatta.