Raila's swearing in is set for December 12
AG Prof Githu Muigai has send a stunning warning to Odinga , stating that any swearing ceremony not presided by the Chief Justice is null and void.
He added that any swearing-in of a person who was not announced as a winner by IEBC is illegal and the act amounts to treason.
“The swearing in of any person who was not announced as a winner by the IEBC is illegal and amounts to treason” said AG Githu Muigai
The AG also noted that the people behind the NASA idea of “People’s Assembly” will be punished by the government.
“The concept of Peoples Assembly is alien to the Kenyan Constitution” said AG Muigai
Muigai who serves as the legal advisor to the government explained that NASA’s plan will be in violation of Constitution Article 3(2), obligating everyone to uphold and respect the Constitution.
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.