What next for Raila after his oath?

What next for Raila after his oath?

The oath that NASA Leader Raila Odinga took as the ‘People’s President’ has triggered a litany of legal and political questions, even as his supporters celebrated what they termed a ‘triumph in the quest for electoral justice’.

However, Odinga’s oath was fundamentally different from the procedure prescribed in the Constitution for one to assume the country’s top job.

The oath he took before a mammoth crowd that thronged Uhuru Park grounds was a sharp contrast to the one taken by President Uhuru Kenyatta on November 28th last year, at the Kasarani Stadium.

Odinga took one 90-word oath, but as the ‘People’s President’.

In November, Kenyatta took two oaths; the 77-word oath of allegiance and the oath of execution of duties that had 79 words as prescribed in the third schedule of the Constitution.

The oath that Odinga took on Tuesday, was almost a word for word copy of the one prescribed by the Constitution, but the fundamental difference was that he swore to assume the position of the ‘People’s President’ and not the President of the Republic of Kenya, as did Kenyatta two months ago.

While Attorney General Prof Githu Muigai had warned Odinga of dire legal consequences, including treason charges if he was sworn as the President of the Republic, the Tuesday’s 30, event side stepped those fears by amending the oath’s wording.

While his supporters greeted his ‘swearing-in’ with jubilation, Odinga does not have the legal mandate to execute functions of the President as outlined in article 132 of the constitution.

These include nominating and appointing Cabinet Secretaries, Principal Secretaries and Diplomats, addressing Parliament, the power of mercy and authority to confer national honours.

Though he anchored his ‘swearing-in’ on articles one and two of the Constitution, there were specific instruments of power that were missing during Odinga’s oath taking event which include; the ceremonial sword for the Commander-in-Chief, the Presidential standard and seal, while Chief Registrar of the Judiciary and the Chief Justice who are mandated to officiate during such ceremonies were missing.

Though critics have termed Odinga’s swearing in event a charade with no force of law, his supporters await directions from him on the path ahead.

However for the NASA leader, the quest for electoral justice and inclusivity will top his coalition’s push for key amendments to the constitution enacted in 2010.

Tags:

constitution chief justice Oath Kasarani stadium. swearing in uhuru park People's president NASA leader Raila Odinga Attorney General Prof Githu Muigai 77-word oath of allegiance Chief Registrar of the Judiciary. prescribed procedure

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