Kenya opposition chief's planned swearing-in an 'act of treason', warns AG

07 Décembre 2017

Nairobi, Kenya, December 7 (Infosplusgabon) -  Plans by opposition leader Raila Odinga and his supporters to have him sworn in as Kenya's President will be an act of high treason whose penalty is death, Attorney General Prof. Githu Muigai, warned on Thursday.

Odinga, leader of the opposition coalition National Super Alliance (NASA), boycotted the 26 October presidential re-run, saying the exercise was not free and fair.

He had demanded sweeping reforms of the Independent Electoral and Boundaries Commission (IEBC), saying the exercise could only be free if IEBC officials, who bungled the 8 August General Elections, which was nullified by the Supreme Court, are sent home.

The IEBC refused to budge. It conducted the re-run and declared incumbent Uhuru Kenyatta winner with 98.26 percent of the vote. Two challenges against the victory of President Kenyatta in the re-run vote were thrown out by the Supreme Court.

Odinga and NASA do not recognise Uhuru Kenyatta, who was sworn in on 28 November as president, saying the election was not free and fair.

He has now vowed that he will be sworn in as president on 12 December, a move the Government says will be a breach of the law.

A plain speaking Attorney General told the press that any attempts to swear in the opposition leader is, apart from being outside the law, be an act of high treason.

Only one who has been declared winner of an election by the IEBC and sworn in in the presence of the Chief Justice can be declared President.

Prof. Muigai said there were no gray areas in the Constitution on election and swearing-in of a president, and warned opposition supporters to keep off the proposed event.

“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,” he said.

Prof. Muigai termed "illegitimate", the formation of People’s Assemblies by various County Assemblies which, he said, do not possess such powers. Odinga also wants to use the People's Assemblies to legalise his plans.

They too, he said, were subject to legal action for using public funds for unintended purposes and for acting in contempt of court.

Earlier on Thursday, Odinga was unrelenting that he would be sworn in as president on 12 December despite the United States warning that such a move would be in contravention of the law.

Odinga said the US and other countries that have advised against his swearing-in should know that “the will of the people cannot be stopped”.

The US, Odinga said, should not talk about violation of the constitution as far as his swearing-in is concerned adding that Washington DC has been "loudly silent" on killing of innocent protesters by police since August.

Kenya police stand accused of shooting and killing dozens in violent protests that followed the 8 August General Election and 26 October repeat presidential poll. The bulk were opposition supporters.

"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," he said.

Odinga, a former prime minister and son of Kenya's first vice-president, Oginga Odinga, has run for the presidency four times -1997, 2007, 2013 and 2017.

During the last three attempts he has accused the incumbents and the electoral commission of rigging the polls.

FIN/INFOSPLUSGABON/OIJ/GABON 2017

© Copyright Infosplusgabon