NASA leader Raila Odinga and his Deputy Kalonzo Musyoka.[Photo/Nation]Former Mwingi Central MP Joe Mutambu has moved to court seeking to stop plan by NASA to swear-in Raila Odinga on Tuesday.
Through lawyer Leonard Katunga, Mutambu is seeking temporary orders restraining Raila and Musyoka from being sworn in as people's president and deputy.
He wants the matter to be heard and determined first before the opposition can be given a greenlight.
Mutambu has accused NASA of circulating a fake gazette notice declaring January 30 a public holiday for the intended swearing-in, which he says is likely to cause anxiety and unrest.
He notes that Article 3(2) of the Constitution is clear that any attempt to establish a government contrary to the law is unlawful and a treasonable offence.
"Even though the respondents claim that they have a right to assemble under Article 24(5) of the Constitution, this right should not be used to affect the rights of others and to go against other provisions of the Constitution," the affidavit reads.
The legislator claims actions by NASA co-principals Raila and Musyoka are also a threat to national security and must be stopped.