Attorney General Githu Muigai has filed a petition challenging the creation of NASA’s People’s Assembly.
The petition, filed under a certificate of urgency, wants the court to rule that the entities, as established by 15 county assemblies, are illegal.
Through deputy chief state counsel Charles Mutinda, Muigai claims the counties passed motions establishing the people’s assembly in contravention of the Constitution.
Muigai further argues that the said counties are using public resources in illegal activities neither envisaged in the Constitution nor any other written law.
“It is the duty of the petitioner under Article 156(6) of the Constitution to promote, protect and uphold the rule of law and defend public interests.”
“The people’s assemblies are not envisaged by the architecture and framework of the constitution of Kenya,” reads part of the affidavit.
So far Mombasa, Kwale, Kilifi, Mandera, Kitui, Machakos, Makueni, Kakamega, Vihiga and Bungoma counties have passed the motion.
Other counties are Busia, Siaya, Kisumu, Homa Bay and Migori.
But Muigai claims the supreme has established structures and institutions within which grievances raised by NASA over last year’s poll can be addressed within the law.
The AG says any other mechanism, other than what is provided in the law, is an attempt to overthrow the Constitutional order, hence is null and void.
Muigai says this followed the nullification of the August 8 presidential election by the Supreme Court.
NASA presidential candidates Raila Odinga and Kalonzo Musyoka urged their supporters to boycott the October 26 fresh election as was ordered by the court.
The AG had earlier warned the action of having a parallel government amounts to treason and is punishable by death.
He said if an inauguration is not presided over by the Chief Justice, it is null, void and illegal.
“The punishment of committing treason is death. The swearing-in of any person not declared by IEBC, and who did not win the election, is unacceptable,” he said earlier.
The move comes as the NASA brigade maintained that nothing will stop their scheduled swearing in on January 30.
Kalonzo has declared that he and Raila will be sworn in as leaders of the People’s Republic of Kenya should there be no dialogue.