Inauguration of any person not lawfully declared by IEBC as president is not acceptable, Attorney General Githu Muigai has said.
AG Muigai on Thursday explained the move by the Opposition NASA to install Raila Odinga as ‘People’s President’ amounts to treason.
“The criminal law of the Republic of Kenya stipulates that this sort of process is high treason. It is high treason of the persons involved and any other person facilitating that process,” he said.
Such an offense criminalises any person involved in and those facilitating it. Githu noted that it is punishable by death.
“The punishment of committing treason is death,” Githu Muigai said.
Moreover, the AG observed that any similar exercise that is not presided by Chief Justice David Maraga is frivolous.
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.
“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 said.
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.