President Ruto’s lawyer, Adrian Kamotho Njenga, argued that the High Court cannot hear and determine the cases.
President William Ruto has challenged the High Court’s powers to hear petitions filed by impeached Deputy President Rigathi Gachagua, in what could set the tone for a counter-offensive against the petitions challenging the impeachment of his former junior.
In a notice dated October 20, President Ruto’s lawyer, Adrian Kamotho Njenga, argued that the High Court cannot hear and determine the cases, given that such a matter was spared for the Supreme Court.
“The honourable court lacks jurisdiction to entertain the instant petition for reasons that, by dint of Article 165 (5) (a) of the Constitution, the honourable court cannot determine the petition as canvassed and/or grant the prayers sought, being a matter reserved for the exclusive jurisdiction of the Supreme Court,” Kamotho argued.
Rigathi Gachagua with William Ruto during a past press conference. /CAPITAL GROUP
The Head of State thus argued that it is an abuse of the court process. This comes after the impeached Deputy President moved to court to block nominated deputy president Kithure Kindiki from being sworn into office.
Ruto, as a result, wants the High Court to recuse itself and hand it over to the Supreme Court.
“The Petition violates the provisions of Article 143 (2) of the Constitution as and the express order of the Supreme Court at paragraph 2117 (iv) of the decision in Attorney-General & 2 others v Ndii & 79 others; Dixon & 7 others (Amicus Curiae) (Petition 12, 11 & 13 of 2021 (Consolidated)) [2022] KESC 8 (KLR) (31 March 2022) (Judgment), to the effect that civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office in respect of anything done or not done under the Constitution of Kenya 2010,” the lawyer stated in court documents.
President Ruto, who has been named as the fifth respondent, argues that under the Constitution of Kenya 2010, civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office.
Petitioners Peter Kamotho, David Mathenge, Grace Mwangi, Clement Muriuki, and Edwin Kariuki moved to court to block Kindiki from taking Gachagua’s duties as the second in command.
The petitioners requested the court to stop Kithure Kindiki’s planned swearing-in as the New Deputy President until the matter was addressed by the court.
Impeached Deputy President Rigathi Gachagua appeared at the Milimani courts on Tuesday, 22 October to follow the proceedings of the court hearing on his impeachment.
A three-judge bench is, as of now, hearing an application challenging stay orders stopping his nominated successor Kindiki from taking office.
Meanwhile, this comes after Gachagua was summoned by the Directorate of Criminal Investigations (DCI) after he claimed that there were two attempts to poison him in Kisumu and Nyeri.
Rigathi Gachagua and Kithure Kindiki at a past event. /FILE
