Chief legal adviser to the government Attorney-General Githu Muigai has said that plans to swear in National Super Alliance (NASA) leader Raila Odinga are plans to break the law.
The AG on December 7 said that swearing-in Raila as the people’s president outside the constitution is treason whose penalty is death.
"I reiterate any attempts to swear in any person as president other than the one elected in line with the constitution and in a manner provided for in the law is unlawful, illegal null and void ab initio," he told journalists at the State Law office in the capital Nairobi.
NASA intends to swear in Raila on December 12 during the Jamuhuri Day celebrations using the results from the August 8 elections. Raila was to be announced president on November 28 on the same day President Uhuru was inaugurated but changed the day.
11 Counties have already passed the peoples’ assembly motion which advocates for Raila to be president.
The AG has made it known that anyone who will take part in the said swearing-in will be breaking the law. He further stated that the government would not stop at anything to prevent the breach of the rule of law and the constitution.
He warned the 11 counties of taking part in what he termed as illegal.
Prof. Muigai’ statement, which comes just days to the said ceremony evoked responses from Kenyans on social media with some agreeing with him while majority condemned him for taking sides.
Here are some of the reactions;
The Constitution has given exclusive powers of Criminal Law interpretation & Prosecution to DPP....AG is left with advising the Govt on civil matters only. The purported advise by AG Githu Muigai on Baba’s swearing violates the Constitution. AG advice is Void. — Ike Kenneth (@IkeOjuok) December 7, 2017
AG Githu Muigai doesn't know that there's no greater act of treason that rigging an election. A biased AG for hire. He should stop his big mouth inanity. #Resist — HON. PAPA ???????? (@ItsPapah) December 7, 2017
AG Githu Muigai, no one takes your legal opinion seriously. Not your students or even your immediate ‘client’. Now, stop reading and interpreting the law upside down like a bat. — Nelson Havi (@NelsonHavi) December 7, 2017
Are we imagining killing Uhuru on 12th? NoAre we deposing him? NoAre we overthrowing his illegit Govt? No.AG Githu Muigai should as always, be ignored. pic.twitter.com/iUwkY6Lmmk — Edwin Sifuna (@edwinsifuna) December 7, 2017
It's time they charged Raila with treason, then Kenya will be liberated as a result. — Kalvooo? (@calvinTheODG) December 7, 2017
With most tremendous deference to my friend & teacher, AG Githu Muigai, his interpretation of intended “swearing” of Raila Odinga is lazy, incoherent, false & court jestering ..Treason is when one plans to incapacitate the President or to remove him contrary to the Constitution. — Donald B Kipkorir (@DonaldBKipkorir) December 7, 2017
AG Githu Muigai should stop day dreaming. He shul concentrate serving his rogue govt instead of minding our swearing in of H.E @RailaOdinga
IEBC is a criminal outfit performing criminal acts against the people of Kenyan. The people will have the final by exercising their power directly. — Paul Siibi (@PSiibi) December 7, 2017
It seems AG Githu Muigai has his own copy of Constitution?? Talking of treason and am wondering!! #RailaAtCityMortury @jesang_ — Renson Junior (@mudanga_paul) December 7, 2017
Where was AG Githu Muigai when @UKenyatta ordered for the destruction of a cocaine ship despite a Court Order? What about the numerous constitutions he has violated ? — Rein (@Asamoh_) December 7, 2017
I'm a first year law student... And never has any of my lectures ever used AG Githu Muigai as an example of lawyers we ought to emulate.... This speaks volumes this guy is irrelevant to even his students — I. AM. BULUMA(snr) (@Bulumacleo) December 7, 2017