Tuesday, October 22, 2024 –President William Ruto has gone to court to challenge the validity of the High Court in hearing any case that concerns him as the President.
President Ruto is contesting the move by the High Court to preside over cases filed by his deputy challenging the impeachment.
Through his Lawyer Kamotho Waiganjo, the commander-in-chief argues that the High Court should drop out of the way and leave the matter to the Supreme Court which is the only court, in the Constitution, mandated to handle presidential matters.
“The Petition herein filed in this Honorable Court in clear disregard of the law, is misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court,” reads part of the court documents filed by Ruto through Lawyer Waiganjo.
His deputy, Mr. Rigathi Gachagua, had moved to the court to block his removal citing politicisation of the whole exercise by nominating Kithure Kidiki as his replacement.
He questions the manner in which the exercise was conducted hastily with in total disregard of the law that requires a thorough public participation.
Ruto, however, argues that in the current Constitution of Kenya promulgated 2010, civil proceedings cannot be instituted in court against the sitting head of State.
“The petition, as drawn and filed, contravenes Article 140 as read together with Articles 148 and 149 of the Constitution, which provisions vest the Supreme Court with the mandate to determine disputes emanating from a presidential electoral process,” lawyer Adrian Kamotho argued.
Petitioners Peter Kamotho, David Mathenge, Grace Mwangi, Clement Muriuki, and Edwin Kariuki moved to court to block DP-nominee Kithure Kindiki from being sworn into office.