Kenya AG: Swearing in opposition leader Odinga would be 'treason'

Frederick Owens
December 8, 2017

The United States on Wednesday urged Kenyan opposition to pursue electoral reforms within the country's laws and to avoid extra-constitutional actions such as the proposed "inauguration ceremony" slated for December 12. "Yet they have the audacity to come and advise us to forget and move on".

And a defiant Raila told off US President Donald Trump's administration that advised NASA leaders against unconstitutional actions like the swearing-in planned on Tuesday when President Uhuru Kenyatta will be presiding over Jamhuri Day celebrations. It came as the top USA official for African affairs, Donald Yamamoto, visited the East African economic hub and met with government officials and opposition leaders.

Kenya Police stand accused of shooting and killing dozens in violent protests that followed August 8 General Election and October 26 repeat presidential poll.

Mr Odinga has insisted that he won the August 8 presidential poll and accuses the Independent Electoral and Boundaries Commission (IEBC) of rigging him out.

He had argued that the mistakes that brought about the annulment of the August 8 vote was most likely to be repeated because reforms have not been taken at the electoral body including the resignations of staffers who bungled the August 8 general elections.

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Odinga said economic boycott, picketing and formation of a grassroots movement will underpin his quest for justice in the electoral system as well as political inclusivity.

"The criminal law of the Republic of Kenya, in Article 40 of the penal code provides or stipulates that that sort of process, is high treason", Muigai said.

He further indicated that County Assemblies have no power to form People's Assemblies and says that any persons involved may be visited by the full force of the law. Treason charges attract the death sentence in Kenya.

The AG warned that by establishing people's assemblies, the respective county assemblies may be deemed to have rescinded their elective roles, as they have handed back to the people their sovereignty as initially delegated through Article 1 (3).

Prof Muigai warned counties that have passed the people's assembly motions, saying it was an alien term to the Constitution because it is neither established within the framework of the County Government's Act or any other legislation.

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