Attorney General Githu Muigai has said that the planned swearing-in ceremony of NASA leader Raila Odinga slated for Tuesday, December 12, 2017, amounts to high treason which is punishable by death.
The government earlier warned that NASA leaders will be punished if they carry out the audacious plan.
Mr. Muigai, who was speaking at Sheria House on Thursday, warned that anyone involved or facilitating the event will face the full wrath of the law.
“No person may claim state authority except as authorized by the constitution. A swearing-in of any other person not declared to have lawfully won an election by IEBC and administered by the Chief Justice is high treason in respect of the person involved and any other facilitating that process,” said the AG.
Muigai went on to cite the Constitution which prescribes death as the punishment for treason.
“What is the punishment for high treason? It is death,” he said.
NASA will be violating Article 3(2) of the constitution, obligating everyone to uphold and respect it.
“Any attempt to establish a government otherwise than in the compliance with this constitution is unlawful,” says Subsection 2.
“The law is clear as day and night,” he said.
The National Super Alliance, however, cites Article 1 which gives all sovereign power to the Kenyan people, as justification for their decision to swear Raila in. They say it is part of a larger resistance place.
Their goal is to remove President Uhuru Kenyatta from office but concerned parties such as the United States want Raila to take the dialogue route.
AG Muigai also dismissed claims by NASA that formation of the People’s Assemblies is legal.
“The People’s Assembly is an institution totally unknown to the constitution of Kenya and totally unknown to the County Governments Act. Parliament has not delegated any such power and the consequence for that is that those institutions are unconstitutional and illegal.”
He added that counties that have passed the People’s Assembly motion should be ready to be held to account. So far 12 County Assemblies have passed NASA’s People’s Assembly motion.