Opposition leader Raila Odinga risks being sent to the
gallows should he defiantly go a head with his planned 'swearing in' as
president on December 12, 2017. Kenyan laws outlaws assumption of office of the
president in any other means apart from a general election and supporting laws.
The Evening Post understands that Raila would be charged with
treason should the said swearing in ceremony be held.
Raila announced on Tuesday, November 28, shortly after Uhuru
Kenyatta officially ascended to office for his second term, that he would be
sworn in as president.
Chapter seven of the penal code on treason and alleged
offences states that:
(1) Any person who, owing allegiance to the
Republic, in Kenya or elsewhere—
(a) compasses, imagines,
invents, devises or intends—
(i) the death, maiming or
wounding, or the imprisonment or restraint, of the President; or
(ii) the deposing by
unlawful means of the President from his position as President or from the
style, honour and name of Head of State and Commander-in-Chief of the Armed
Forces of the Republic of Kenya; or
(iii) the overthrow by unlawful means of
the Government; and
(b) expresses, utters or declares any
such compassings, imaginations, inventions, devices or intentions by publishing
any printing or writing or by any overt act or deed, is guilty of the offence
of treason.
The Opposition has maintained that it does not and will
never recognise Uhuru Kenyatta as a validly elected president and will
frustrate his administration until electoral reforms are achieved.
Kenyatta and his deputy William Ruto were sworn in in a
colourful ceremony witnessed by thousands of Kenyans and invited world leaders
at Safaricom Stadium-Kasarani. NASA has vowed to call for massive economic
sabotage to force a fresh election in 90 days.
Kenya is teetering on the edge over simmering political
tensions following the disputed presidential election held on August 8 and a
repeat exercise on October 26. Calls for talks between the two main rivals have
yielded little as both Raila and Uhuru maintain their hardline stances.
Raila's elder brother Oburu Oginga denied he was in talks
with Jubilee even as Uhuru revealed he had initiated talks with the NASA chief.
