Former Mwingi MP in court to stop Raila's swearing in

Former Mwingi Central MP Joe Mutambu

Former Mwingi Central MP Joe Mutambu has moved to court seeking to stop plan by NASA to swear-in Raila Odinga and Kalonzo Musyoka.

Mutambu, through lawyer Leonard Katunga, is seeking temporary orders restraining Raila and Musyoka from being sworn in on January 30 as people's president and deputy, pending the hearing and determination of the suit.

The legislator accused the Opposition of circulating a fake gazette notice declaring January 30 a public holiday for the intended swearing-in, which he says is likely to cause anxiety and unrest among employees and Kenyans generally.

The former legislator states that Article 3(2) of the Constitution is clear that any attempt to establish a government contrary to the law is unlawful and a treasonable offence.

"Even though the respondents claim that they have a right to assemble under Article 24(5) of the Constitution, this right should not be used to affect the rights of others and to go against other provisions of the Constitution," the MP's affidavit reads.

The legislator claims actions by NASA co-principals Raila and Musyoka are also a threat to national security and must be stopped.