Chief Justice David Maraga has explained why it is impossible for him to stop

Speaking in Mombasa, Maraga stated that as the CJ he does not have any jurisdiction to restrict any judge from conducting the ceremony. He noted that judicial officers have independent powers.

“The independence of the Judiciary is sacrosanct that the CJ is not given the power to direct the officers on what to do.

"Anybody saying that I have directed judges and magistrates on what to do, that has not come from me and it will never come from me,” he said.

CJ Maraga who was speaking to journalists after the official opening of the National Assembly Departmental Committee on Justice and Legal Affairs retreat at PrideInn-Shanzu was dismissing a letter indicating that he had termed Odinga controversial swearing-in illegal.

According to the missive, Maraga had instructed all magistrates and judges not to take part in the event.

"The Supreme Court ruling on November 20 declared Uhuru Kenyatta was validly elected President of the Republic of Kenya and the Commander in Chief of the Kenya Defence Forces.

"He (Kenyatta) was legitimately sworn in on November 28 in public in the presence of the Chief Justice…. As such, any other event advertised as having planned for the same will be illegal and an attempt to unseat a legitimate government which would amount to treason,” the letter purported.

CJ Maraga insisted that his role was restricted to the conduct of judicial officers and only delve into political issues when a case is filed before the court.

“Those issues that are brought to the commission are those of misconduct which are the ones I address. I only come to what the judges and magistrates are doing when I seat on appeal,” he said.

This comes at a time NASA leaders have insisted that the former Prime Minister's swearing-in scheduled for January 30th, 2018, will continue as planned.

However, the Opposition through Siaya Senator James Orengo admitted to be facing only one challenge with the swearing-in plans.