NASA leader Raila Odinga taking oath in the past. [PHOTO/the-star.co.ke]
The planned swearing-in of NASA leader Raila Odinga as president cannot be an act of treason.
This is according to Law Society of Kenya (LSK) president Isaac Okero.
In an article he wrote with The Star on Saturday, Okero said that should the opposition go ahead with their plans, it will only be exercising their rights but that the swearing in will be insignificant as to who is the leader of the country since Raila did not meet the IEBC threshold of winning the election.
"If the requirement of the law is that there must a declaration of results of an election and the person who is declared tohave won the presidential election is then sworn in, if a citizen decides to carry out a swearing in ceremony, not having been declared by the IEBC to be a victor in an election, how does that act become treasonous?" he posed.
"Any citizen can decide to swear in himself as President and call his or her local priest. How is that treasonous? It would have no legal effect," he added.
He dismissed those calling on the government to charge Raila with treason saying the matter was too small to be made an issue of public importance.
"We know what the legal requirement for an effective act of the assumption of the Office of the President requires: If a citizen undertakes a process that has none of those underpinnings it will have no legal effect, he added.
"Whoever is talking of treason may just be looking to make a mountain out of a molehill, but there is certainly going to be a political statement being made."