NASA SWEARING-IN: IS IT LAWFUL?
The opposition coalition, National Super Alliance(NASA) is at it again. That they are planning to swear-in their leaders Raila Odinga and Kalonzo Musyoka as People's President and Deputy President respectively following a successful adoption of the People's Assembly by 15 counties out of the 47. Whether or not that is captured in the new constitution of Kenya(2010) has remained to be a bone of contention between the two political sides. Jubilee, through the Attorney General Githu Muigai, maintains that the planned swearing-in by NASA is against the constitution, illegal and amounts to treason. NASA on their side aver that their actions are accommodated in Article 1 of the constitution and are thus treading their path within the law. Just to be sure, lets take a look at what the constitution says.
ARTICLE 1. SOVEREIGNITY OF THE PEOPLE
(1). All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the constitution.
(2). The people may exercise their sovereign power either directly or thriugh their democratically elected representatives.
(3). Sovereign power under this constitution is delegated to the following state organs, which shall perform their functions in accordance with this constitution...
a). parliament and the legislative assemblies in the county governments
b). the national executive and the executive structures in the county governments; and
c). the judicial and independent tribunals
(4). The sovereign power of the people is exercised at...
a). the national level; and
b). the county level.
Going by Article 1(1). that all sovereign power belongs to the people of Kenya means therefore that both supporters of NASA and Jubilee have the sovereign power vested with them.
Article 1(2). poses that the sovereign power can be exercised either directly or through democratically elected leaders. These include Members of County Assembly(MCAs), Members of National Assembly( MPs), Senators and Governors. So far a total of 15 counties have adopted the People's Assembly; Kilifi, Kwale, Mombasa, Kisumu, Siaya, Migori, Homa Bay, Busia, Kitui, Machakos, Makueni, Mandera, Kakamega, Vihiga and Bungoma. It should be noted that the leaders in these counties are voted into office by their supporters, THE PEOPLE. Subsequently, 120 MPs out of the NASA-leaning 154 have signed an affidavit that dismisses Uhuru Kenyatta as the legitimately elected president of the Republic of Kenya, and instead recognizes Raila Odinga as the duely elected People's President. These MPs as well are elected and thus represent the people.
Article 1(3) further delegates the sovereign power to the parliament and county government legislative assemblies, the national executive and the legislative structures in the county governments. These are the elected MCAs, MPs, Senators and Governors, by the people.
Article 1(4) finalizes that the sovereign power of the people can be exercised at the national and county level hence Mr. Odinga's swearing-in as the People's president is supported in this article, but only applies to the people, through their elected leaders, who subscribe to the NASA agenda.
Now, a president is sworn-in after successfully winning a legitimate election. The opposition coalition wants to swear-in their leader using the results of the August 8th, 2017 elections which were annulled by the Supreme Court of Kenya, after they successfully petitioned the outcome. They believe they had won. The Supreme Court ordered fresh presidential election within 60 days and the IEBC organized for the same on 26th October, 2017
ARTICLE 1. SOVEREIGNITY OF THE PEOPLE
(1). All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the constitution.
(2). The people may exercise their sovereign power either directly or thriugh their democratically elected representatives.
(3). Sovereign power under this constitution is delegated to the following state organs, which shall perform their functions in accordance with this constitution...
a). parliament and the legislative assemblies in the county governments
b). the national executive and the executive structures in the county governments; and
c). the judicial and independent tribunals
(4). The sovereign power of the people is exercised at...
a). the national level; and
b). the county level.
Going by Article 1(1). that all sovereign power belongs to the people of Kenya means therefore that both supporters of NASA and Jubilee have the sovereign power vested with them.
Article 1(2). poses that the sovereign power can be exercised either directly or through democratically elected leaders. These include Members of County Assembly(MCAs), Members of National Assembly( MPs), Senators and Governors. So far a total of 15 counties have adopted the People's Assembly; Kilifi, Kwale, Mombasa, Kisumu, Siaya, Migori, Homa Bay, Busia, Kitui, Machakos, Makueni, Mandera, Kakamega, Vihiga and Bungoma. It should be noted that the leaders in these counties are voted into office by their supporters, THE PEOPLE. Subsequently, 120 MPs out of the NASA-leaning 154 have signed an affidavit that dismisses Uhuru Kenyatta as the legitimately elected president of the Republic of Kenya, and instead recognizes Raila Odinga as the duely elected People's President. These MPs as well are elected and thus represent the people.
Article 1(3) further delegates the sovereign power to the parliament and county government legislative assemblies, the national executive and the legislative structures in the county governments. These are the elected MCAs, MPs, Senators and Governors, by the people.
Article 1(4) finalizes that the sovereign power of the people can be exercised at the national and county level hence Mr. Odinga's swearing-in as the People's president is supported in this article, but only applies to the people, through their elected leaders, who subscribe to the NASA agenda.
Now, a president is sworn-in after successfully winning a legitimate election. The opposition coalition wants to swear-in their leader using the results of the August 8th, 2017 elections which were annulled by the Supreme Court of Kenya, after they successfully petitioned the outcome. They believe they had won. The Supreme Court ordered fresh presidential election within 60 days and the IEBC organized for the same on 26th October, 2017
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