The state has finally spoken out on Raila Odinga’s planned swearing-in on December 12 as Kenya’s “fifth President”.
Raila insists he does not recognize Uhuru Kenyatta as the legitimate President of Kenya. He said he will be sworn-in through the People’s Assembly.
But the Attorney-General Prof Githu Muigai on Monday told the Star that if Raila continued with his swearing-in plan, he will be in violation of Article 3(2) of the Constitution.
The Article reads in part: “Any attempt to establish a government otherwise than in the compliance with this constitution is unlawful.”
Githu said the “the law [is] as clear as day and night” and it will be an offence to swear-in “another President”.
However, NASA through its protégées maintains their course for Raila’s swearing-in has been backed by Article 1 which gives sovereign power to Kenyan people.
A statement from a special NASA committee tasked with planning the swearing-in of Raila said they are not backing down.
They had earlier decried intimidation by the state.
This follows the dramatic arrest of NASA head strategist Dr David Ndii on Sunday at Leopard Beach Resort in Diani, Kwale County.
Ndii is the man moving the People’s Assembly agenda.
“Arrangements for the constitutive session of the People’s Assembly on December 12, 2017, where the Kenyan people will, among other things install the leadership and unveil a roadmap to electoral justice and the rule of law are very advanced and a detailed programme shall be released by the NASA leadership in due course,” the committee said in a statement to newsrooms as quoted by the Star.
On Saturday, Raila sent out invitation cards to selected guests who are expected to attend his inauguration.
The venue is yet to be disclosed.
In his grand plan, he is banking on the People’s Assembly to rally behind his course and have him ascend to State House.
However, though NASA’s motion for formation of the People’s Assembly has been ordered against by a Kitui High Court, 13 county assemblies affiliated to NASA have defied the order and passed the motion.
Former Machakos Senator Johnstone Muthama said plans for the swearing-in plan are still going on and nothing can stop them.
Government spokesman Eric Kiraithe said NASA is doing politics of deception.
“It is very unfortunate that instead of working together to alleviate poverty, we are using our positions of leadership to play burdens and burdens of propaganda, whose sum total is only to serve our own ego.”