The swearing-in was postponed on Sunday by Musalia Mudavadi.
Through his key adviser Salim Lone, Mr Odinga revealed that while the swearing-in had been put on hold, Mr Odinga’s and his deputy’s inauguration would squarely depend on the disputed August 8 poll which was annulled by the Supreme Court.
“The legality of Mr Odinga’s swearing in was based on the simple fact that he had won the 8th August election. The Supreme Court had nullified the declaration of Uhuru Kenyatta as President, but it did not nullify the result of that election,” Mr Odinga’s political adviser, Salim Lone said in a statement on Sunday.
On whether the process would be legal, Mr Odinga has slammed last week’s Attorney General Prof Githu Muigai sentiments that such a move would attract treason, adding that the process would have been legal, even as his key legal adviser and Siaya Senator James Orengo remained mum on the issue.
“The swearing in of Mr Odinga as President and of Mr Kalonzo Musyoka as Deputy President would have been perfectly legal on Tuesday,” he said adding that the event would perfectly happen at some point.
After weeks of dancing with the public's emotions, NASA chief Raila Odinga will not be sworn in on Tuesday following the change of mind at last minute by his team on Sunday. This followed a day-long meeting with his team, he backed down from his vow with a whimper.
“The swearing-in of Raila Odinga and Kalonzo Musyoka as President and Deputy President of the Republic of Kenya and the launch of the People’s Assembly scheduled for Tuesday, 12 December, has been postponed to a later date,” NASA said in a statement read by co-principal and Raila's chief Presidential Campaigner Musalia Mudavadi.
“We wish to thank the government and the people of Mombasa who had graciously offered to host the event. Thank you very much, Mombasa.”
It is understood that Mr Odinga’s team succumbed to pressure from the United States, Kenyans Government religious leaders and the lobby groups.