Attorney General Prof Githu Muigai has explained the legal implication in the event that NASA leader Raila Odinga is sworn-in as President.
The Attorney General, who serves as the legal advisor to the government, stated that Odinga would be punished if he went ahead to conduct the controversial swearing-in ceremony.
Muigai explained that NASA’s plan will be in violation of Constitution Article 3(2), obligating everyone to uphold and respect the Constitution.
Oath Of Office
Odinga has insisted that he would take the oath of office on December 12, after which he would march to State House.
The Opposition has justified its decision as premised on Article 1 of the constitution which stated that all sovereign power belongs to the Kenyan people, as justification to swear in Raila as the People's President.
The Penal Code stipulates that anyone who tries to form a government contrary to the Constitution should face charges of sedition, undermining a legitimate government and treason, which is punishable by death.
NASA had formed a seven-member committee to oversee preparations for Odinga's inauguration.
The committee has insisted that the plans will go on despite the arrest of their team leader, David Ndii.