There are high levels of anxiety within government as opposition chief Raila Odinga’s next move during his “inauguration” next week on Tuesday remains unknown.
This will be the day President Uhuru Kenyatta will lead Kenyans in celebrating Jamhuri day.
Sources within the opposition circles revealed to the Star that plans for his swearing-in are at an advanced stage.
In fact, he has picked a tentative venue for the event but it is yet to be disclosed for security purposes.
Further, two judges have pledged to administer the oath.
Raila’s team has made elaborate arrangements including countering government’s slightest move to apprehend him or any of protégées in regard to the ceremony.
There is a string of lawyers who are ready to defend anyone arrested in connection with the alleged inauguration bid for the former Prime Minister.
Reports indicate there is a standby chopper to shuttle him immediately after he takes the oath.
The heightened plans continue to gather momentum even as security agencies up their game and are monitoring Raila and his lieutenants on a 24-hour basis.
Government’s position on the matter is that should he take oath, he will be committing treason which is punishable by death.
On Thursday, Attorney General Prof Githu Muigai was part of National Security Advisory Committee meeting which extensively deliberated on Raila’s planned oath taking.
The AG underscored that anyone purporting to be Kenya’s President without being declared by the IEBC was committing treason.
“The punishment of committing treason is death. The swearing-in of any person not declared by IEBC, and who did not win the election, is unacceptable,’ said Muigai in a presser on Thursday.
He added: “The criminal law of the Republic of Kenya in Article 40 of the Penal code stipulates that sort of process is high treason in respect of the persons involved and other persons facilitating the process,” Githu said.
“What is the punishment for high treason? It is death…No person may claim or exercise state authority except as authorized by the Constitution.”
However, top legal minds differed with the AG on his stand point. Led by Nelson Havi, he said the AG was misinterpreting the law.
Via twitter, lawyer Donald Kipkorir said: “Treason laws were left in the 18th century and it is the DPP who interprets the law, not the Attorney General.”
Law Society of Kenya ex-president Apollo Mboya said: “As a Commissioner for Oaths, I am ready and willing to administer oath pursuant to the Oaths and Statutory Declaration Act, Chapter 15 of the Laws of Kenya, to any person, including to Raila Odinga.”
Raila has refused to acknowledge President Uhuru Kenyatta as the Kenya’s legally elected premier.
He insists Uhuru is an “illegitimate” President and he will never recognize him.
He hopes to be sworn-in through the People’s Assembly.