Home » Herman Manyora: Why Raila’s mock swearing-in in 2018 was not criminal

Herman Manyora: Why Raila’s mock swearing-in in 2018 was not criminal

by Enock Ndayala

ODM leader Raila Odinga did not commit any crime when he swore himself in as the people’s president, according to political analyst Herman Manyora.

In an interview on Citizen TV on Monday, March 7, the University of Nairobi lecturer argued that the oath that was taken by the former prime minister after the disputed 2017 presidential election was not unlawful because he did not use the oath that is in the Kenyan Constitution.

He further opined that President Uhuru’s handshake partner did not swear to be the president of Kenya but rather he swore himself to be the people’s president.

Herman Manyora: Why Raila's mock swearing-in in 2018 was not criminal
ODM leader Raila Odinga did not commit any crime when he swore himself in as the people’s president, Political analyst Herman Manyora has said. Photo: Herman Manyora/Facebook.

Manyora said Raila’s controversial swearing-in would have been an act of treason had he used the constitutional oath (read by incoming presidents) to swear himself as the president of Kenya.

“We must debunk certain things. I have heard people saying Raila (Odinga) committed treasonable offenses…Raila is not a fool,

“Raila Odinga never swore himself to be the President of Kenya, he swore himself to become the people’s President. He never used the constitutional oath to swear himself making it not treasonable,” Manyora said. 

On January 30, 2018, at Uhuru Park in Nairobi, Raila, and the National Super Alliance (NASA) coalition refused to recognize President Uhuru Kenyatta’s re-election and resolved to swear him in as the people’s president.

Raila’s oath was administered by the then Ruaraka MP Tom Kajwang’ and lawyer Miguna Miguna who was arrested and deported to Canada on allegations that he is not a Kenyan citizen.

A magistrate court letter acquitted Kajwang from the charges of treason and taking part in unlawful assembly saying that there was no evidence to show Kajwang’ consented to swear in Raila and that his mere appearance and mode of dressing cannot be implied to mean he is the one who administered the oath.

“The oath does not talk of the people’s president of the Republic of Kenya. It only talks of the President of the Republic of Kenya. It was not unlawful for it did not bind Odinga to commit any crime or did he swear himself to a lawfully established office when not qualified for it,” the judge ruled.

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