How Githu Muigai is Planning to Stop Raila's Inauguration - Prof Makau Mutua Explains

  • By Michael Musyoka on Thursday, 7 December 2017 - 7:38pm @mikesyoka mike@kenyans.co.ke
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    Prof Makau Mutua and AG Githu Muigai Kenyans.co.ke
  • Chairman of the Kenya Human Rights Commission (KHRC) Professor Makau Mutua on Thursday disclosed how Attorney General Githu Muigai was planning to stop National Super Alliance (NASA) leader Raila Odinga's swearing-in slated for Jamhuri Day.

    Through his social media account, the law Professor revealed that the AG was exaggerating Mr Odinga's inauguration terming it illegal with a goal of justifying any acts of suppressing it that the government may take.

    He argued that by taking the presidential oath, the opposition leader was practicing civil disobedience which is a right protected by the constitution.

    Prof Makau faulted AG Muigai terming his legal advice on the issue as misleading.

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    "As a matter of law, a presidential oath by Odinga is an act of civil disobedience. It's an expressive right protected by the Constitution. To call it treason is hyperbole to justify repression. AG Muigai violates his oath of office by giving misleading and wrong legal advice," he tweeted on Thursday evening.

    Earlier on Tuesday, the AG stated that the planned inauguration of Mr Odinga was illegal.

    Speaking to the Star, the AG warned that the Opposition leaders would be punished if they proceeded with the plan to swear-in Mr Odinga.

    According to Mr Muigai, the National Super Alliance (NASA) and its leaders would violate Article 3(2) of the constitution which imparts a duty on all citizens to uphold and respect the Constitution.

    "Any attempt to establish a government otherwise than in the compliance with this constitution is unlawful according to Subsection 2.

    "The law is as clear as day and night, anyone violating it will be committing an offense," the AG told the Star.

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