NAIROBI, Kenya- President William Ruto has made a bold legal move, filing a preliminary objection in response to the petition challenging the impeachment of Deputy President Rigathi Gachagua.
The petition, filed by several concerned citizens, seeks to block Gachagua’s ouster and the appointment of his replacement, Kithure Kindiki.
However, Ruto, through his lawyer Adrian Kamotho, argues that the court lacks jurisdiction over the matter and that the case itself is an abuse of the judicial process.
Ruto’s legal team argues that the petition against Gachagua’s impeachment should not be entertained by the court.
In court documents, the president states that the petition was filed in “clear disregard of the law,” claiming that civil proceedings cannot be initiated against a sitting president or anyone performing presidential functions.
Ruto’s legal objection rests on the protections granted to the presidency under the Kenyan Constitution, which shields the president from such suits during their time in office.
“The Petition herein has been filed in this Honourable Court in clear disregard of the law, is an abuse of the due process of court, hence cannot be countenanced and/or determined by this Honorable Court,” reads part of the document.
The petitioners—David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki—are challenging the Senate’s impeachment process, questioning the legality of the proceedings that led to Gachagua’s ouster.
They are requesting the court to prevent Kithure Kindiki from being sworn in as the new Deputy President until the matter is resolved.
The petitioners allege that the impeachment procedure violated due process and are calling for judicial intervention .
The court’s decision on whether it has the jurisdiction to hear the case will be a pivotal moment in the ongoing political saga
As the court deliberates, the petitioners and the nation await the outcome, which could significantly impact the political landscape in Kenya.
