Raila’s swearing-in not illegal-LSK chair says

The Law Society of Kenya President Isaac E.N Okero has affirmed that there would be no legal implications if the National Super Alliance (NASA) went ahead to swear-in their leader Raila Odinga as ‘President’.

Voicing his legal opinion through The Star ,Mr Okero clarified that Mr Raila Odinga would not be committing treason if he decides to take the oath.

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“We know what the legal requirement for an effective act of the assumption of the Office of the President requires: If a citizen undertakes a process that has none of those underpinnings it will have no legal effect,”Mr Okero opined.

He further observer that Raila’s swearing-in would have more of a political implication than a legal one.

“Whoever is talking of treason may just be looking to make a mountain out of a molehill, but there is certainly going to be a political statement being made.”He added.

According to the LSK president,the decision by the Supreme to uphold President Uhuru Kenyatta’s win in the October 26th fresh poll marked the close of the 2017 presidential elections.

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Mr Okero,however, expressed his grieve on the wave of violence that erupted during the electioneering period and blamed the leadership of the Police Service for “precipitating a needless confrontation.”

“A notification of intention to hold an assembly and demonstration march duly received by the office of the Inspector General of Police the demonstration march then violently dispersed with police officers captured in photographs stoning passing motorists at the scene,” Mr Okero stated.

He concluded by indicating that right to assemble and demonstrate was guaranteed by Article 37 of the Constitution and further called on the police to facilitate and not to obstruct its safe and proper exercise.