NASA leader Raila Odinga. He has said he will be sworn in on 12th of December. [Photo/Star]
NASA’s Raila Odinga has insisted that Uhuru Kenyatta was illegally elected, and the coalition does not recognize his presidency.
Odinga on Tuesday indicated that he will be sworn in as president of the people on December 12th, which is not in accordance with the law.
According to George Kithi, a lawyer, the NASA coalition has two openings that can be used to swear Raila in as ‘president’.
“If people’s assembly is legislated, it means it becomes a vibrant tool against which people can champion what they say, although it is not a legislative too,” he said during an interview with KTN.
“If a law is set out, it must be inconsistent with the constitution; it must be permitted by the constitution,”
If people’s assembly goes on to make a decision to swear in a person who has not gone through a pronouncement by the IEBC to be the president, then that still becomes consistent with the constitution.
“The only way to go around it would be to expand the executive to accommodate the opposition, as was in the case in 2007, as people’s assembly swearing-in still becomes treasonable,”
According to Kithi, Raila is a political maestro and will play around the law to ensure he is not arrested or charged with any crime.
“I have respect for Raila, why he has not been arrested is not because he is not unarrestable, it is because he has not committed a crime that would amount to him being arrested, he plays to the borderline of the law but never falls outside the law border,”