[James Orengo in a past event. He says the current penal code cannot allow Jubilee administration to arrest people for treason. Photo/Nation]
Lawyer James Orengo maintains that President Uhuru Kenyatta's government has no jurisdictions to arrest Raila Odinga when he takes oath of office on Tuesday.
A defiant Odinga insists that he will go ahead with his inauguration despite warning from Attorney General Githu Muigai who says that the veteran leader risks treason charges.
"Anybody who attempts or imagines to take presidential oath risks treason whose punishment is death," Muigai said.
But Orengo, who has been key legal adviser of the NASA coalition, says such offense does not exist in the contemporary laws of the country.
Further, Orengo says, Muigai has been operating on 'illusions' adding that he deserves to go back to law school.
"Treason is not an easy offense to charge someone. It only used to exists when we borrowed a lot from England when it was an absolute monarch.
"For a civilian to be charged for treason under the law as it exists even under the colonial penal code,it is not an easy offense to prove," he said.
A defiant Odinga on Friday insisted that he was ready to be charged with treason 'if that would help the country achieve electoral justice'.