An expert has explained that Raila’s swearing in will not breach any law. DR. Boaz Were says that no matter how Jubilee will interpret the constitution, nothing will change what is enshrined in Article1 (3) of the new constitution.
DR.Were’s interpretation reads:
Raila’s planned swearing in ceremony is the articulation in Article 1(3), which asserts that, Sovereign power under this Constitution is delegated to the following State organs,…(a) Parliament; (b) the national executive and the executive structures in the County government; and (c) the judiciary and Independent tribunals.
The contest here therefore is between ‘delegated’ power and ‘undelegated’ power! The power that the Jubilee government claims to have is ‘delegated’ power. This is the power that emanates from the 38 percent of the 19.6 million registered voters who voted in favour of Uhuru Kenyatta. This is the actual power that the Constitution delegates to the executive or the President of the Republic of Kenya. However, there is another ‘undelegated’ power that oozes from 62 percent of the 19.6 million registered voters who boycotted elections in favor of Raila. This power is not delegated by the Constitution and is supposed to be directly exercised by people.
It needs to be cleared from the minds of Jubilee affiliates that Raila is not after the delegated power, but has gallantly expressed interest in undelegated power. Raila’s demand for the leadership of delegated power is what should be treated as treasonous. This is the power by which the Constitution endows the executive.
As it stands right now, leadership of the undelegated power is untenanted and Raila has only democratically expressed his desire to occupy it. This is what the Jubilee administration considers a ‘bitter pill to swallow’. It certainly makes them growl and howl! It is important to note, however, that sometimes a country needs to swallow a bitter pill in order to get back its good health.
Nothing could be further from the truth that Raila’s planned swearing in ceremony is within the confines of the law, only that it is wildly unprecedented.
- Boaz Were
