The government through the Attorney General Githu Muigai has given a statement on the planned swearing-in of National Super Alliance leader and opposition chief Mr. Raila Odinga on December 12.
According to the AG, the planned swearing-in of Nasa leader is illegal and anyone who is involved in the process will be punished accordingly.
Prof Muigai made the comments when he spoke to journalists on Tuesday (December 5) saying that the opposition will be violating the Constitution as specified in Article 3(2). It obligates everyone to respect and uphold the Constitution.
“Any attempt to establish a government otherwise than in the compliance with this constitution is unlawful,” says Subsection 2.
“The law as clear as day and night,” the AG was quoted saying.
He added that violating the doctrines of the Constitution is committing an offense.
On its part, the opposition has cited Article 1 of the same Constitution saying that the sovereign power belongs to the people. It plans to run on this justification to swear in Raila Odinga as the People’s President.
Sources also say that the National Intelligence Service has made a recommendation to arrest all Nasa leaders and charged with treason of Raila is sworn in.
The Penal Code says anyone who tries to form a government contrary to the Constitution could face charges of sedition, undermining a legitimate government and treason, which is punishable by death.