BUNGE LA MWANANCHI FILES CASE TO STOP RAILA ‘OATH’ CEREMONY

Bunge La Mwananchi leaders led by David Oyola (left) address journalists at Milimani law courts on January 24, 2018 after filing a petition seeking to stop swearing in of Nasa leaders Raila Odinga and Kalonzo Musyoka. PHOTO | EVANS HABIL | NATION MEDIA GROUP

By MAUREEN KAKAH

Bunge la Mwananchi has moved to court seeking to stop the swearing in of National Super Alliance (Nasa) leaders Raila Odinga and Kalonzo Musyoka.

Through lawyer Dennis Koskei, the group has sued Nasa and five political parties affiliated to it as well as the Attorney General.

They say Nasa and the said political parties’ intention to conduct the swearing in for the two as People's Assembly’s leaders on January 30 is a misrepresentation of Article 1 of the constitution which deals with sovereignty of the people.

CHAOS

They claimed that the actions are a gross violation of the Constitution and a mockery of Article 1 and will cause chaos if allowed to proceed.

“The court be pleased to issue a conservatory order restraining the sued parties from conducting in Kenya or any other country a swearing in ceremony in which Mr Odinga and Mr Musyoka would be made President and deputy respectively on January 30 or any other day,” said Mr Koskei.

In the case documents filed at the High Court in Nairobi on Wednesday, the group accused the sued parties of adopting a pedestrian interpretation of Article 1 on the exercise of sovereign power.

They claimed that should the ceremony be allowed to proceed as scheduled, it risks to expose the Kenyan government to unwarranted security challenges both internally and externally since the AG has already termed it as illegal.

LAW

They also pointed out that in a case filed before the Kitui High Court last year, Justice L. Mutende issued an order stopping People's Assembly that Nasa and its affiliated political parties have purported to use contrary to the law.

The group’s leaders Henry Shitanda and David Oyola alleged that People's Assembly which Nasa and its affiliated political parties have been converging in preparation for the said swearing in ceremony are therefore a violation of the law.

They also alleged that Kenyans exercised their power by electing the President and his deputy, MPs as well as county assemblies and governors in the August 8, 2017 General Election.

Article 1 of the constitution states that sovereignty of the people or popular sovereignty is the principle that the authority of the government is created and sustained by the consent of the people through their elected representatives who are the source of all political power.

SOURCE: NMG