A week from today, the Opposition will swear-in Raila Odinga as President, and now the State has warned the National Super Alliance leaders that they will be punished if they go on with the plans.
Attorney General Githu Muigai has said the National Super Alliance will be violating Constitution Article 3(2), which demands that everyone upholds and respect the Constitution.
“Any attempt to establish a government otherwise than in the compliance with this constitution is unlawful,” Subsection 2 reads.
“The law as clear as day and night,” Muigai added noting that anyone violating it will be committing an offence.
The Opposition on the other hand cites Article 1 which gives all sovereign power to the Kenyan people, to justify its calls to swear in Raila as the People’s President.
Zipo.co.ke has learnt that the National Intelligence Service has recommended that Nasa leaders be arrested and charged with treason if Raila is sworn in.
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, reports the Star.
Back in 1982 during the infamous coup attempt, several people were arrested and charged with offences including treason for attempting to overthrow President Daniel Moi. Mr Odinga was one of them.
The former Prime Minister has dismissed government’s warning that he and his cronies will be charged if they continue with plans to swear him as the People’s President in the National People’s Assembly.
Some coalition’s strategists have even suggested a match by a million supporters to State House soon after Raila takes his oath of office.
It is not clear what the oath, the procedure and setting will be or even which personalities have been invited to attend.
It is believed the plans by the Opposition to swear-in Raila led to the dramatic arrest of its lead strategist David Ndii. He is among the seven-member committee spearheading inauguration plans.
“Arrangements for the constitutive session of the People’s Assembly on December 12, 2017, where the Kenyan people will, among other things instal 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 announced in a statement.
Raila’s declaration that he will take the oath of office is causing sleepless nights among people in government with Jubilee sending emissaries so as to try to reach out to the Nasa leadership. Among those who have already held meetings with Jubilee is Raila’s elder brother Mr Oburu Odinga.