NAIROBI, Kenya, Mar 24 — The arrest of former Cabinet Secretary Raphael Tuju has thrust Section 129 of Kenya’s Penal Code into the spotlight — a little-known law that could carry a jail term of up to three years.At the centre of the case is a simple but weighty legal question: did Tuju knowingly give false information to police?What the law saysSection 129 provides that “whoever gives to any person employed in the public service any information which he knows or believes to be false… is guilty of a misdemeanour and is liable to imprisonment for three years.”The law is designed to protect public institutions from being misled — especially law enforcement.To secure a conviction, prosecutors must prove:The information given was falseThe person knew or believed it was falseIt caused — or was likely to cause — police to act on itWhy it matters in Tuju’s caseThe Directorate of Criminal Investigations (DCI) claims Tuju’s reported disappearance was staged, arguing he never left his Karen residence.DCI Director Mohammed Amin says investigators established “without an iota of doubt” that Tuju was at home throughout — even when his phone went off.If that position holds, authorities could argue:His claim of being trailed — including by a numberless Toyota Land Cruiser — was falseThe report triggered a full police response, including deployment of officers and forensic teamsThat response meets the legal threshold of causing public officers to act on misleading informationTuju faces 3-year jail term as DCI pursues ‘staged disappearance’Tuju’s defenceTuju, however, insists he went into hiding out of fear for his life after being followed, and says he even reported the matter to police.If his account is supported by evidence:The claim would not be considered falseSection 129 would likely not applyWhat investigators will rely onThe case will hinge on hard evidence, including:Phone and location dataCCTV or traffic surveillanceWitness testimony, including those who allegedly hosted himForensic findings from his abandoned vehicleBigger pictureThe National Police Service says false reports are a growing concern, warning they:Waste critical resourcesCreate unnecessary public alarmUndermine trust in security agenciesAmin has described the Tuju case as part of a broader pattern of “staged disappearances.”Bottom lineThe “3-year jail risk” is real — but not automatic.For Raphael Tuju, everything now turns on intent and truth:If proven false and deliberate → possible criminal liability under Section 129If proven genuine → the focus shifts to who, if anyone, was trailing himUntil then, the case remains a high-stakes test of both evidence and credibility — with legal consequences hanging in the balance.