NASA leader Raila Odinga.[Photo/Nation]

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NASA leader Raila Odinga is set to be sworn in as the peoples president on January 30th.

The opposition has maintained that without dialogue with Jubilee, swearing in Raila is the only way to solve a number of issues affecting the country. ‘

According to NASA, there is need to have dialogue over electoral injustices and police brutality.

“We promise you that you can now look forward confidently to our swearing-in ceremony very early in the New Year,” Raila said in the statement sent to newsrooms on Christmas Eve.

However, Attorney General Githu Muigai has warned that any attempts to swear in anytbody will amount to treason.

Muigai argues that President Uhuru Kenyatta has already been sworn in legally.

According to Muigai, unconstitutional swearing-in will amount to treason which is punishable by death.

“Government institutions will do what they are mandated to do if and when the time is right,” Prof Muigai told journalists during the launch of the 2017-2022 Legal Aid National Action Plan in Nairobi.

In this case if Raila is sworn in and charged with treason, he will not be hanged as Muigai had stipulated.

Raila who is set to take oath office alongside Kalonzo will then face life imprisonment.

This is the Supreme Court last month ruled that death penality is unconstitutional.

Section 204 of the penal code states that any person found guilty of murder, robbery with violence, treason and other capital offences shall be sentenced to death by hanging.

But Supreme Court’s Justice Njoki Ndung’u said the section “is out of sync and cannot stand as it is inconsistent with the constitution”.

The court made the landmark ruling after a petition by two death row convicts Francis Murwatetu and Wilson Thrombus.

It is not clear if Raila will proceed with the swearing-in.