BY SAM ALFAN.
Raila and Kalonzo will not be sworn as President and deputy respectively if the court agrees with former Mwingi Central MP Joe Mutambu.
The former MP moved to court seeking to stop NASA from the swearing in Raila Odinga and Kalonzo Musyoka.
Through his lawyer Leonard Katunga, Mutambu wants the court to issue an injunction restraining Raila and Kalonzo from being sworn in on January 30 or any other day as president and deputy president pending hearing and determination of the suit.
In a petition filed under certificate of urgency, Mutambu is accusing the opposition for circulating a gazette notice declaring January 30 a public holiday due to the intended swearing in.
Mutambu says there is a likelihood of causing anxiety and unrest among the employment sector and Kenyans generally.
Raila and Kalonzo boycotted a repeat poll citing irreducible minimums they held must be met for them to participate in the election.
IEBC went ahead with the election where Jubilee party flag bearer got over 90% of the total votes cast.
The former legislator states that article 3(2) of the constitution is clear that any attempt to establish a government otherwise that in compliance with the constitution is unlawful and is a treasonable offence.
He argues that President Uhuru Kenyatta was dully sworn in and at no point can one claim that there is a direct representation in the constitution adding that there can only be one type of representation of the people at any particular time and not both.
“Even though the respondents claim that they have a right to assemble under article 24(5) of the constitution, this right should not be used to affect the rights of others and to go against other provisions of the constitution”, the affidavits reads.
Mutambu claims actions by Raila and Kalonzo are not only illegal but are also a threat to national security and must be stopped.
He adds that being a politician and a businessman, he is tired of the political circus that the Opposition have engaged the country in.
“We as Kenyans need peace and there is no way we are going to have it when the opposition are threatening to create a parallel government. There is general anxiety among the Kenyan men and women regarding the threat by the respondents to create a parallel government”, Mutambu states.
He wants the court to issue a declaration that the intended swearing in of the Opposition leaders is illegal and in contravention of articles of the supreme law in Kenya.