It is still, however, not clear how the swearing-in of Mr Odinga and Mr Musyoka will take place as the Constitution provides in Article 141 that the President should be sworn in in public before the Chief Justice, or in his absence, the Deputy Chief Justice.
That is what happened on November 28 during the swearing-in of President Kenyatta and his deputy, William Ruto, for their second term.
Chief Justice David Maraga had already presided over the swearing-in of President Kenyatta at Kasarani stadium.
Under the Assumption of the Office of President Act, the swearing-in should take place in 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.
It is not stated in the law but with State House as the official residence of the President, there would also arise the question of where Mr Odinga would live as a ‘people’s president’.
When President Kenyatta was sworn in on April 9, 2013, he proceeded to State House, Nairobi, the official seat of power. After the State luncheon, he escorted his predecessor, Mwai Kibaki, out of the building in a symbolic handover. Former President Daniel arap Moi was airlifted out of State House in January 2003 when Mr Kibaki took over.
On Wednesday, Wiper chairman Kivutha Kibwana said the Nasa retreat had been postponed but insisted that the planned swearing-in would go in if President Kenyatta’s government does not agree to dialogue.
“The planned Nasa retreat has been postponed by consensus to allow for the election of women legislators in their group,” Prof Kibwana said after a meeting chaired by Mr Musyoka at Wiper headquarters.