Controversial law scholar Makau Mutua has defended Nairobi senator Mike Sonko's remarks that he is third in command of the country and acting president in absence of both the president and his deputy.

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Mutua,who has refused to acknowledge Uhuru Kenyatta as the President of Kenya, took to his twitter account to defend Sonko, terming treason allegations against the senator dictatorial and ill-advised.

“Nothing treasonous when Mike Sonko says he's 'acting president.' Harmless loose talk. Let's not go back to Njonjo”, said Makau.

In mentioning Njonjo,the America-based lawyer was referring to former powerful Kenyatta era Attorney General Charles Njonjo who once said it is treason “for any person to encompass, imagine, devise or intend the death or deposition of the President," added Mutua.

Mutua also noted that Sonko's remarks were mere loose talk and not criminal.