The government has now responded to the ongoing plans to have Opposition leader Raila Odinga take oath of office as president.
Attorney General Githu Muigai said NASA leader Raila Odinga will be violating the law if he goes ahead to execute his swearing in plan.
Odinga had said that he would be sworn in next week on Tuesday during the Jamhuri Day celebrations.
The Opposition argues that Article 1 of the Constitution gives all sovereign power to the Kenyan people, and thus Odinga will be sworn in as the People’s President.
But Githu has warned that the Opposition leaders are daring the wrath of the State if by moving forward with the “unconstitutional” plan.
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“NASA will be violating Constitution Article 3(2), obligating everyone to uphold and respect the Constitution. Any attempt to establish a government otherwise than in the compliance with the constitution is unlawful and an offence. The law is as clear as day and night,” Muigai is quoted by the Star.
Reports indicate that the National Intelligence Service (NIS) has recommended the arrest of NASA leaders once Odinga is sworn in. The State intends to charge them with treason in case their Tuesday plan materialises.
The Penal Code says anyone who tries to form a government contrary to the Constitution could face charges of sedition, undermining a legitimate government and treason, which is punishable by death.
In 1982 several people were arrested and charged with offences including treason for attempting to overthrow President Daniel Moi in a botched coup. Odinga was arrested and detained for close to a decade in connection to the 1982 events.
Odinga’s cronies have vowed to install him as president even with warnings from the government. They say they will not recognise Uhuru Kenyatta as president.
NASA CEO Norman Magaya said that they would not submit to any instruction from President Kenyatta.
He wrote on his Twitter page:
We were not invited to the electoral process by one Uhuru Kenyatta and we will not bring it to an end on his instructions. He is in for a rude shock. You can't steal and get away with it
— Norman Magaya (@amugira) November 28, 2017