Nasa leader Raila Odinga. He said he would take his oath office on December 12. PHOTO | FILE | NATION MEDIA GROUP
Summary
- The Constitution provides in Article 141 that the president-elect should be sworn in by the chief registrar of the Judiciary in the presence of the chief justice, or in his absence, the deputy chief justice.
- That is what happened on November 28 when President Uhuru Kenyatta took oath of office for his second term.
As National Super Alliance (Nasa) insists that it will swear in its presidential candidate Raila Odinga on Tuesday, a number of questions are begging for answers.
They include:
- Who will swear in Mr Odinga?
The Constitution provides in Article 141 that the president-elect should be sworn in by the chief registrar of the Judiciary in the presence of the chief justice, or in his absence, the deputy chief justice.
That is what happened on November 28 when President Uhuru Kenyatta took oath of office for his second term.
There has been speculation that a ‘Nasa-leaning’ judge might be the one to administer the oath of office.
Who will do this dare-devilry act which could attract death penalty, according to the Attorney-General Githu Muigai?
- Where will the ‘swearing-in’ take place?
Under the Assumption of the Office of President Act, the swearing-in should take place in Nairobi on a date and at a place to be designated by the committee that oversees the process and published in the Kenya Gazette.
It should take place between 10am and 2pm.
A letter purportedly sent from the ‘inauguration’ organisers to Nasa-leaning governors asking for a venue has been disowned by the coalition, but this question remains on many people’s minds because the government has vowed not to allow any other political congregation other than the Jamhuri celebrations in Nairobi.
- Where will Mr Odinga go after the ceremony?
When President Uhuru Kenyatta was sworn in on April 9, 2013, he proceeded to State House, Nairobi, the official seat of power, and after the State luncheon, he escorted his predecessor, Mwai Kibaki, out of the building in a symbolic handover.
Daniel arap Moi was airlifted out of State House in January 2003 when Mr Kibaki took over.
Since President Kenyatta will still be the tenant at State House and Harambee House, where will Mr Odinga work from?
- Beyond the swearing-in, what will Raila do to get power?
This is the question on many Kenyans’ minds because swearing-in in itself, if it were to happen, does not come with the instruments of power.
What extra step he takes to get power remains a puzzle.
- Will he retain his reform legacy after this?
The US has already asked Mr Odinga not to go ahead with his ceremony because it would not be constitutional.
Prof Muigai has warned that Mr Odinga risks being charged with treason if he purports to swear himself in. Already hailed for his Second Liberation record, which culminated in the return of multipartysm and getting the progressive 2010 Constitution, Mr Odinga risks soiling that reputation by participating in an event outside the supreme law of the land.
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