Leader of National Super Alliance (NASA) Raila Odinga and his deputy Kalonzo Musyoka risk arrest and prosecution if they proceed with their planned December 12 swearing in, Attorney General Githu Muigai has warned.
“A swearing in of any person not lawfully declared to have won an election by the Independent Electoral and Boundaries Commission and that is not done by the Chief Justice of the Republic of Kenya is null and void ab initio," said the chief legal adviser to the government.
He maintained that such a move will be a breach of the Constitution since the country has a sitting President who recently took oath of office.
"The criminal law of the Republic of Kenya stipulates that this sort of process is high treason. It is high treason by the persons involved and any other person facilitating that process," he said.
NASA plans to swear in Raila Odinga using the August 8 poll results at an undisclosed venue.
Prof Muigai warned the opposition of dire consequences if it proceeds with the audacious plan as it will be in violation of Article 3(2) of the Constitution that obligates everyone to uphold and respect the grand law of the land.
People’s Assembly illegal
Against the backdrop of 12 counties passing bills to allow for the formation of the Peoples Assemblíes, the Attorney General has declared them illegal.
He said that national government will hold them to account for misusing taxpayer’s monies.
“The People’s Assembly is an institution totally unknown to the constitution of Kenya and totally unknown to the County Governments Act. Parliament has not delegated any such power and the consequence for that is that those institutions are unconstitutional, illegal and are null and void,” said the Attorney General.
Recently, NASA team unveiled a seven-member committee headed by economist David Ndii to guide the coalition on the way forward of the People's Assembly to press for a people-driven government.
The People’s National Assembly is expected to comprise governors and deputy governors; members of the Senate, National Assembly and County Assembly; religious, trade union and civil society leaders; and representatives of youth and women organisations