Law Professor Makau Mutua [Photo:star.co.ke]
Chairman of the Kenya Human Rights Commission Professor Makau Mutua on Thursday disclosed how Attorney General Githu Muigai's was planning to stop National Super Alliance Raila Odinga 's swearing-in slated for Jamhuri Day.
Through his twitter account, the law professor revealed that the AG was exaggerating Mr Odinga's inauguration terming it as illegal with a goal of justifying any acts of suppressing it that the government may take.
Makau argued that by taking the presidential oath the opposition leader was practicing civil disobedience which is a right protected by the constitution. Prof Makau faulted AG Muigai terming his legal advice on the issue as misleading."As a matter of law, a presidential oath by Odinga is an act of civil disobedience. It's an expressive right protected by the constitution. To call it treason is hyperbole to justify repression. AG Muigai violates his oath of office by giving misleading and wrong legal advice," Makau Mutua tweet read.
According to the Star, Githu Muigai warned that the Opposition Leaders would be punished if they proceeded with the plan to swear-in Mr Odinga.
The AG argued that NASA leadership would violate Article 3(2), of the constitution which imparts a duty on all citizens to uphold and respect the Constitution.