Nairobi, KENYA: Attorney general Githu Muigai has termed the act of any person trying to be sworn in as a president other than the one elected in line with the constitution, will be committing a treasonable offense, whose penalty is death.
Addressing journalist on Thursday in Nairobi, AG Muigai stated that, its unlawful, illegal, null and void trying or attempting to swear in any person as President other than the one elected by the law, after NASA presidential flag bearer Raila Odinga vowed to be sworn in as president on December the 12th.
“For the avoidance of doubt, Article 3(1) provides that every person has an obligation to respect, uphold and defend this Constitution. Article 3(2) provides that any attempt to establish a government otherwise than in compliance with the Constitution is unlawful.Further, any person acting in violation of Article 3(2) commits a treasonable offense under Section 40 of the Penal Code.This also includes being an accessory after the fact to treason and the failure to give information to designated public bodies for the purpose of preventing the commission of the offense.” He stated.
He added that it is unfortunate for a candidate who boycotted the presidential poll to seek power through the back door in total violation of Article 2(2) of the Constitution which states that no person may claim or exercise state authority except as authorized under the constitution.
The legal adviser, however, slammed the attempt of NASA trying to create a government of people assemblies, citing it is null and void as the act is neither established within the framework of the County Government’s Act or any other legislation.
“The concept of a “people’s assembly’ is unConstitutional and is neither established within the framework of the County Government’s 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.” Said Muigai
He further warned County Governments and individual County Assembly members enacting illegal, unconstitutional motions of peoples assemble, that they stand the risk of suspension in line with section 123 of the County Government’s Act and the possibility of a fresh election in line with section 130.
He also outlined that the counties that pass the motion need not be wired with the county funds for serious and material breach of the constitution in line with section 93 of the Public Finance Management Act.
The AG clarified the matter after his attention was drawn to public discussions on various unconstitutional and ill-advised debates on the establishment of “people’s assemblies” and “proposed swearing in of persons not elected as President under Article 138 of the Constitution”.
