Mr Odinga rejected the inauguration and he has been pushing for a new election and the bid to swear him in is seen as part of his campaign for electoral reforms and a new poll.

But Prof Muigai declared any attempt to swear in Mr Odinga as president is treasonable and any persons involved in the scheme will be prosecuted.

He said the President is elected pursuant to Article 138 of the Constitution and following the repeat presidential election on October 26, whose result was affirmed by the Supreme Court on November 20, President Uhuru Kenyatta and his Deputy William Ruto were sworn into office on November 28.

“Further, any person acting in violation of Article 3(2) commits a treasonable offence under Section 40 of the Penal Code. This also includes being an accessory after the fact to treason and failing to give information to designated public bodies for the purpose of preventing commission of the offence,” he warned.


Prof Muigai warned counties that have passed the people’s assembly motions, saying it was an alien term to the Constitution because it is neither established within the framework of the County Government’s Act or any other legislation.

Some 11 counties have so far passed the people’s assemblies as directed by Nasa and Mr Odinga could be sworn in in any of them.

The AG warned that by establishing people’s assemblies, the respective county assemblies may be deemed to have rescinded their elective roles, as they have handed back to the people their sovereignty as initially delegated through Article 1(3). 

A defiant Mr Odinga, speaking when he met families of 16 people were killed by police in protests, accused the US and other Western countries of turning a blind eye to Kenyans who have suffered police brutality and only speaking on matters favouring the government.

Mr Odinga vowed that his swearing in on Jamhuri Day was on course despite the US terming the move unconstitutional.


“Don’t come and shout to us about violation of the Constitution … Constitution my foot! In as much as we are friends, you cannot come and decide the destiny of Kenyans. Kenyan problems can only be solved by the people of Kenya,” said Mr Odinga.

“We now know that those people that have been posing as our friends are indeed our enemies because up to today, 215 people have been killed since August 8 General Election by police yet not even one ambassador has come out to condemn the wanton killings,” he said.

“The people expressed their will on August 8 and that is the result that we know and therefore we don’t recognise the swearing-in of President Kenyatta that took place last week,” said Mr Odinga.

He said the bereaved families should be compensated by the government.

The opposition paid mortuary fees and provided transport for the bereaved families and also offered Sh50,000 to each family to help in the burial expenses.

Reports by Bernard Namunane, Sam Kiplagat, Samwel Owino and Fred Mukinda

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