Connect with us


Govt reveals Raila’s fate if he’s sworn in

Attorney General Githu Muigai says the act is high-treason which is punishable by death



Attorney General Githu Muigai: The swearing-in of any person not declared by IEBC, and who did not win the election, is unacceptable.

Attorney General Githu Muigai now says the planned swearing in of NASA leader Raila Odinga as President would amount to an act of high treason, punishable by death.

Addressing a press conference at the State Law Office, Githu said the government has not received notification of an alternative swearing in ceremony, adding that the move to swear in a person other than the one elected in accordance with the Constitution would be unlawful, illegal, null and void ab initio.

He noted that the Constitution is clear that “no person may claim or exercise State authority except as authorised under the Constitution. “I reiterate that any attempt to swear in any person as President other that one elected in line with the Constitution and in a manner provided for in the law is unlawful, illegal, null and void ab initio,” said Githu.

“The punishment of committing treason is death. The swearing-in of any person not declared by IEBC, and who did not win the election, is unacceptable. The criminal law of the Republic of Kenya stipulates that this sort of process is high treason. It is high treason of the persons involved and any other person facilitating that process,” he said.

The AG also put on notice County Assemblies that have passed motions for the formation of Peoples’ Assemblies, saying they were in serious and material breach of both the Constitution and Section 95 of the Public Finance Management Act.

SEE: Nasty end awaits most betting youth

He added that they would be surcharged for any and all expenditures incurred in pursuit of the illegal motions while MCAs in addition risk losing their representative capacities, having ceded their representative mandate back to the people who elected them, and calling of fresh elections thereof.

According to Githu, the MCAs would be cited as being unfit to hold public office for material breach of the Constitution and the Law under the Leadership and Integrity Act.

“The rule of law and the functioning legal institutions and vital for good governance, which is essential to peace security and development.”

The rule of law is the foundation of our Republic. We urge all parties to adhere to the rule of law and the pursuit of a greater calling,” he said.

The AG noted that the High Court in Kitui has already issued an interin conservatory order pending and interparties hearing on January 25, 2018 restraining the County Assemblies from constituting a special college for the appointment or election of members, delegation and observers to the People’s Assembly or in any way participating in the People’s Assembly, implementing the motions tabled and moved in the County Assemblies or in any way changing the Constitution without adhering to Article 257 of the Constitution.

READ: Nation Media a den of drunkards?

According to Githu, the concept of a “people’s assembly” is an alien term to the Constitution and is neither established within the framework of the County Government Act or any other legislation.

“The establishment of the proposed assemblies is also not envisioned within the mandate or function of County Assemblies or indeed County Governments,” he said.

“Article 1(3) of the Constititution provides that sovereign power of the people under the Constitution is delegated to Parliament and legislative assemblies at the County Governments, the Executive at National and County level and the Judiciary. People’s Assemblies have no legal status in Kenyan law and as such they remain unlawful, illegal, null and void. Any action by County Assemblies to establish “people’s assembly” is illegal as it is not anchored in any known law nor legally mandated within the framework of Kenyan law,” added Githu.

NASA, which does not recognise President Uhuru Kenyatta’s win the October 26 fresh election, plans to swear in Raila on December 12 at a People’s Assembly, saying they would invoke Article 1 of the Constitutin which states that the people may exercise their sovereign power directly or through their elected representatives.

READ: Kipngetich resigns as Uchumi CEO

Githu spoke as Raila, who was speaking at the City Mortuary where he had gone to condole families of those killed by police, told off western countries that are against his swearing-in as the the ‘people’s president’, saying the will of the people cannot be stopped.

He wondered why the United States says his swearing in would be a violation of the Constitution yet it did not raise its voice when innocent supporters were being killed.

“We thought we had friends but we were wrong and now we know they are enemies. Up to today, no single ambassador has condemned the killing of people by police. The western countries should, therefore, keep off the affairs of the country as Kenyan problems will only be solved by Kenyans themselves,” he said.

Business Today is the leading independent online business website in Kenya. Started in 2012 by a veteran business journalist, it has a huge following both in Kenya and abroad. It covers various business and related issues. Email editor at: [email protected]

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News Updates

Person of Interest1 day ago

Young sociologist who heads health docket in Turkana

Moses Natome, who has been re-nominated by Governor Josphat Nanok, says he a team player and has in the past...

Health1 day ago

Kenya faces Sh103b annual shortfall for universal health coverage

Health PS Julius Korir says so far the government is only able to afford Ksh 12.4 billion annually to cater...

NEWS1 day ago

Supreme Court explains why it threw out petitions

The court ruled that NASA candidate Raila Odinga did not formally withdraw from the election but only declared his intention to withdraw

Editorial1 day ago

Time Raila stopped being a political enigma

Election seasons must be predictable so that the people and their chosen government can move on with the business of nation...

Analysis1 day ago

Nairobi-based US diplomat quits, blasts Trump

In a scathing resignation letter, Elizabeth Shackelford tore into the Trump administration and Secretary of State Rex Tillerson for undermining the work...

LIFESTYLE3 days ago

Half of Govt workers are drug addicts

NACADA survey shows alcohol abuse among employees in the public sector stands at 57.9 percent, higher than the national average...

Economy3 days ago

Kenya’s economy to ‘bounce back’

Kenya’s economy is set to grow from the current 4.9% to 5.5% and 5.9% in 2018 and 2019 respectively, a...

Opinion4 days ago

Libya slavery scam: Africa has killed its own sun

African states have created the environment in their home countries that have made their citizenry so desperate and hopeless to...

Person of Interest4 days ago

Unique name that inspired KCPE star

As a biology teacher, Harrison Tanga was not fazed when he went to hospital to see his newborn child, unlike...

LIFESTYLE4 days ago

Youth turn to sex to soothe election pain

The struggle to make ends meet has left them disillusioned, apathetic and angry, according to the annual survey of nearly...