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Kenya's Raila Odinga 'swearing-in': The hard questions

Friday December 08 2017
By NATION AFRICA

Kenya's opposition National Super Alliance (Nasa) insists that it will swear in its presidential candidate Raila Odinga on December 12 - the country's Independence Day.

This is despite Attorney-General Githu Muigai's warning that such a move would be treasonable.

On Friday, Nasa laid out the programme of activities on Tuesday's planned meeting to “inaugurate the leadership.” The programme follows a similar style as the schedule for national events, from the national anthem, prayers to ceremony and speeches. However the opposition did not disclose the venue of the meeting.

The opposition game plan however remains uncertain.

  • 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.

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There has been speculation that a ‘Nasa-leaning’ judge might administers the oath of office. But whoever does this dare-devilry act could face a death penalty, according to the AG Muigai.

  • Where will the ‘swearing-in’ take place?

Under the Assumption of the Office of President Act, the swearing-in should take place in the capital 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 local time.

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 Independence Day 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, his office, 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 the 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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