With impending self-inauguration of Raila Odinga as the president of Kenya’ following recent inauguration of the court endorsed winner of the election, President Uhuru Kenyatta, concerns have been raised on inherent dangers.
Kenya’s Attorney-General Githu Muigai, warned against plans to swear in the National Super Alliance (Nasa) leader, Raila Odinga as the ‘people’s president’ on December 12.
This was coming as the United States has asked Kenya’s opposition leader Raila Odinga to call off the planned swearing in ceremony on Tuesday December 12.
Meanwhile, agency report, revealed that Prof Muigai, the chief legal adviser to the government, on Thursday said swearing-in Raila Odinga would be an illegality attracting charges of treason.
He said such an inauguration would be outside the Constitution because Kenya already has a sitting president who took the oath of office on November 28.
“I reiterate any attempt 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”
Prof Muigai said the government would not stop at anything to prevent the breach of the rule of law and the constitution.
Any person who takes part in such an inauguration, he said, will face the law. Treason charges attract the death sentence in Kenya.
“I reiterate the 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,” Prof Muigai told journalists at the State Law office in the capital Nairobi.
The Nasa coalition is planning to swear in Raila Odinga using the results of the August 8 presidential election on Tuesday to coincide with Republic (Jamhuri) Day celebrations although they have not disclosed the venue.
Odinga, who pulled of the October 26 repeat presidential poll, has maintained that he won the August 8 poll but was rigged through the manipulation of numbers in IEBC servers.
At the same time, the AG warned the 11 counties that passed the people’s assembly motion, saying they have committed illegalities.
Meanwhile, the US has cautioned Odinga over “parallel” inauguration ceremony. The United States asked Kenya’s opposition leader Raila Odinga to call off the planned swearing in ceremony on Tuesday December 12.
Principal Deputy assistant Secretary at the US government’s Bureau of African Affairs Donald Yamamoto has cautioned that the move would only serve to further polarise the country.
Agency report said that, the US official spoke during a meeting with Mr Odinga, Nasa principals Musalia Mudavadi, Moses Wetang’ula and Makueni Governor Kivutha Kibwana representing Wiper leader Kalonzo Musyoka, who is away.
As part of the process of addressing these tensions and strengthening institutions, we urge Kenyans to join together to hold an immediate, sustained and open national conversation to heal divisions between communities.