NASA luminaries insist they will swear in ‘People’s President’

Raila Odinga Photo:Courtesy

With less than 24 hours to the controversial swearing in of Raila Odinga as the People’s President, Sunday Standard reveals the closely guarded, behind the scenes plans and most importantly, what happens after the oath.

The coalition has scheduled a series of elaborate events, culminating in the swearing in that NASA insiders hope will be the final affront in challenging the legitimacy of President Uhuru Kenyatta’s government.

“There are so many of our supporters who have died. If Kenyans are not brave enough to fight for their rights, they will continue suffering. The lives of those who have died are not any important than that of Raila Odinga,” the NASA principal said during a rally in Homa Bay yesterday.

“If it is a matter of life imprisonment or death so that we get our rights, we are ready. On Tuesday, Raila will be in Uhuru Park and he will be sworn in as President.” (See separate story on Page 6)

NASA principals will attend a church service at the All Saints Cathedral in Nairobi before holding a meet-the-people tour of the city. 

All indications are that Jubilee has long moved on from the much talked about dialogue and firmly shut the door behind them after making appointments to the previously vacant Cabinet positions. Political pundits from both sides believed that the Cabinet would form part of the bait that would be dangled before the eyes of the political class from both sides, to entice them into an common position.

The last time a Kenyan not a legally elected president declared himself head of state was on August 1, 1982, after which he was summarily executed after being tried and found guilty of treason.

TREASON FEARS

Although Attorney General Githu Muigai has warned that the State would not shy away from arresting and prosecuting anyone involved in the swearing in ceremony, NASA has vowed to stand its ground and proceed with Raila’s swearing in.

“I asked Uhuru to come to the discussion table. No one responded. It is not possible to hold any dialogue between now and Tuesday,” NASA co-principal Kalonzo Musyoka said in Homa Bay. “Even if we are going to say to have two republics there must be a dialogue. The question is whether the dialogue will be before or after the 30th,” he said to thunderous cheer from the crowd.

NASA leadership have placed their cards close to their chests ostensibly to prevent the government from clamping down on them. NASA hardliners and some of their supporters have declined to recognise Uhuru as the President, claiming their victory was stolen. There are fears that if the swearing in does indeed take place, whether symbolic or not, it would not only heighten tension in Kenya but also divide the country further.

According to the Constitution, for a person to be sworn in as President, they must have been declared the winner of the presidential election by the Independent Electoral and Boundaries Commission (IEBC). The swearing in ceremony must take place in public, conducted by the Chief Justice.

Uhuru Park, where the coalition intends to hold the ceremony, was this week closed for renovation by Nairobi Governor Mike Sonko. Yesterday, Raila insisted the ceremony would take place at the historic grounds.

NASA has planned for peaceful protests after the ceremony. In reality, however, recent history shows none of the Opposition’s marches have ever ended well. And although police spokesman Charles Owino has downplayed any intended crackdown on the NASA supporters come Tuesday, security sources said the force was mobilising to deploy boots to potential hotspots.

“There is nothing special being done. All the police security operations are going on as normal,” said Owino.

A NASA insider has told Sunday Standard the ‘oath’ will be administered by a judge.“We have two patriotic Kenyan judges ready to administer the oath of office for the two as President of the People’s Assembly. We will not use the Chief Justice because we have taken the route of where Kenyans were exercising power directly,” said the insider.

Chief Justice David Maraga on Friday said it is not within his mandate to dictate what magistrates or judges do, something that has been taken positively by the NASA brigade.

 

The big question

“As the Chief Justice, I have no authority to direct any judge or even a magistrate on what to do. The independence of judiciary is so sacrosanct that the CJ is not given power to direct the officers on what to do,” said Maraga.

“Did you hear Maraga talk yesterday? He said he cannot stop any judge from swearing in Raila Odinga and it is because he knows there are no legal grounds to prevent Raila from being sworn in as the president of the republic of Kenya,” Siaya Senator James Orengo said.

The big question is whether or not Raila and Kalonzo -- or whoever takes part in the oathing ceremony -- can be arrested. Isaac Okero, the president of the Law Society of Kenya (LSK) does not seem to think so. “The constitution anticipates what the President is and we are talking about someone who did not even participate in the election,” said Okero.

“That will be nothing more than a political event. Obviously, there will be consequences but they will be political,” he said.

NASA principals held a meeting on Friday evening to tie up the remaining loose ends, including the wording of the oath that Raila and Kalonzo will take. “We are finalising the critical matters ahead of the swearing in,” said Orengo.

NASA insiders say they intend to form a parallel government. After the swearing in, Raila and Kalonzo will roll out ‘plans’ on how to address issues on education reforms,  historical injustice, law,  order,  security  apparatus and economy.

In intriguing secrets of the post swearing in, according to an MP close to Raila, the People’s Assembly President and his deputy will not be moving back to their offices but will instead move to a designated seat of power, a location that remains top secret