Pressure continued to be put on Kenya’s opposition leader Raila Odinga to call off a plan to swear him in as “the people’s president” as it emerged that the action would put him at the helm of a parallel governance structure, which the opposition National Super Alliance (Nasa) intends to use to face off with President Uhuru Kenyatta and to push for wide-ranging reforms.

The government, through Attorney General Githu Muigai threatened the opposition with high treason charges as religious leaders and diplomats tried unsuccessfully to persuade Mr Odinga to drop his plans for a swearing-in ceremony on Tuesday, December 12, one that could lead to bloodshed.

Nasa insists the ceremony will take place, but declined to name the venue or give details — it has written to all counties that have passed the motion for the establishment of Peoples’ Assembly to designate a venue for the event — only mentioning that the programme would kick off with the singing of the national anthem.

The opposition alliance says it is relying on Chapter One of the Constitution, which puts sovereign power in the hands of the people of Kenya, which can either be exercised directly or through elected leaders.

So far, Nasa has secured authority from 14 out of 47 counties to establish a People’s Assembly “to determine the affairs of the country and recommend a pathway towards and for the achievement of the promise, aspirations, objectives and rights and freedoms provided by the Constitution.”

Opposition leaning counties

The 14 counties that have passed the motion for establishment of People’s Assemblies are Kakamega, Bungoma, Vihiga, Busia, Siaya, Kisumu, Migori, Makueni, Kilifi, Mombasa, Kwale, Machakos, Kitui and Homa Bay. Attempts to table the motion in the Nairobi County Assembly were thwarted by the Speaker, Beatrice Elachi, who denied minority leader Peter Imwatok a chance to do so.

Among several resolutions sought by the motion was rejection of the results of the presidential elections of August 8 and October 26, and refusal to recognise the government or the president.

The motion binds County Assemblies that have passed it to participate in the proceedings of the People’s Assembly and to constitute a special college for the appointment or election of members, delegations and observers to the People’s Assembly.

It seeks to begin the process of disbanding the Independent Electoral and Boundaries Commission, and constituting a new one that will oversee a fresh petition to be held on or before February 9, 2018.

In addition, the Peoples’ Assembly seeks to spearhead constitutional review to reform the police service, intelligence service, anti-corruption commission and National Cohesion and Integration Commission.

The opposition alliance has also appointed a steering committee to spearhead the activities of the People’s Assembly.

Spoiling for a war

Oduor Ong’wen, a member of the Peoples’ Assembly Steering Committee, said the Peoples’ Assembly would take the model that religious leaders and civil society used to craft the National Conference on the Constitution at the Bomas of Kenya, where both elected and non-elected leaders converged to prepare a draft Constitution.  

According to Mr Ong’wen, the deliberations of the county assemblies, where elected and non-elected leaders would participate —  would be channelled to the National Convention of Assembly  —  where a national debate will take place on how to address and resolve electoral justice.

“In Peoples’ assembly, the people will be looking to reform and reorganise the state. The assemblies will bring together religious leaders, civil society, elected leaders and common citizens to deliberate on the reforms we are talking about,” said Mr Ong’wen, who is also executive director of the Orange Democratic Party.

Mr Odinga is spoiling for a war with the government after he boycotted the repeat presidential election on the ground that the Independent Electoral and Boundaries Commission had not demonstrated that the polls would be free and credible.

According to Mr Odinga, President Kenyatta lacks legitimacy to rule Kenya, announcing that he would be sworn in on December 12.

He has turned down a request by the US government to negotiate a power sharing deal with President Kenyatta, saying electoral injustice must be dealt with once and for all.

On Friday, Mr Odinga met US and Western diplomats, who called on him to shelve the planned “swearing-in” ceremony, and engage President Kenyatta within the constitutional framework.

“(We) urged government, opposition and all Kenyans to engage in open, transparent national conversation to address underlying issues and strengthen institutions to help Kenya. Stress need to uphold Constitution,” Mr Godec said on his Twitter handle.

Defiant

However, the opposition convened a press conference later on Friday afternoon where they unveiled the programme for the “swearing-in” ceremony.

Mr Odinga last week told off Attorney General Githu Muigai on the legality of the proposed “swearing-in,” saying the resolve to end electoral injustice was unstoppable, and challenged the international community to talk about police brutality that claimed the lives of tens of his supporters.

Mr Odinga’s advisor on media and communication, Salim Lone, confirmed that the “swearing-in” of the opposition leader on December 12, noting that the Peoples’ Assembly will provide a platform of engagement on economic and political reforms the country needs to move forward.

“Mr Odinga’s swearing will be lawful. It will help prevent further polarisation by giving Kenyans hope for electoral justice that was denied them under a genuinely independent IEBC. It will also give new impetus for the People’s Assembly to guide county assemblies in urgently addressing a number of pressing economic and justice issues that will provide material benefits to our people,” said Mr Lone.

The AG warned that, “Any person acting in violation of Article 3 (2) commits a treasonable offence under section 40 of the Penal Code. This includes being an accessory after the fact to treason and failing to give information to designated public bodies for the purposes of preventing commission of the offence,” said Mr Muigai.