Nasa principals Raila Odinga and Kalonzo Musyoka.[photo/kahawatugu.co.ke]The National Super Alliance (Nasa) principals Raila Odinga and Kalonzo Musyoka are threatening to have themselves sworn in as the “people’s president and deputy president” on January 30 should the Jubilee government refuse to engage them in dialogue.

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Dialogue is a conversation to resolve a problem, they’ve advanced several issues which they feel have held the country hostage after the two presidential elections. The issues are electoral justice and restructuring of the Executive arm of government.

Constitutionally, the issue of electoral justice on the presidential elections’ outcome was filed before the Supreme Court through two petitions. The first verdict, after the August 8 election, was positive to Nasa while the second one, which came after the October 26 repeat election, upheld President Uhuru Kenyatta’s victory.

Once a presidential candidate is declared a winner by the Independent Electoral and Boundaries Commission and disgruntled parties’ petition dismissed, the President is inaugurated and immediately occupies office to discharge his duties.

Essentially, dialogue item number one has been expedited. On the demand for restructuring of the Executive, there are three arms of government the Judiciary, the Legislature and the Executive. The President heads the Executive.

The Executive can either be restructured by the Legislature, the President’s prerogative or an amendment of the Constitution through a referendum, not dialogue. Nasa is, therefore, closing the stable door after the horse has bolted.

In 2007, there was no clear winner and President Mwai Kibaki, though declared winner and sworn-in as President, had fewer members in Parliament than Raila’s ODM.

The Supreme court was created by the new Constitution as the Judiciary, as it was structured then, could not be trusted to handle a presidential election petition.The drafters of the Constitution put in place an elaborate electoral process within a self-solving Constitution, to avoid a repeat of 2007 crisis.