President Ruto Challenges High Court’s Powers to Hear Gachagua Petitions
President Ruto Challenges High Court’s Powers to Hear Gachagua petitions, highlighting that such matters ought to be a preserve of the Supreme Court.
In a petition filed at the High Court, President Ruto requested the High Court drop Gachagua’s impeachment cases which he argues should be handled by the highest court in the land.
Through his lawyer lawyer Adrian Kamotho, Ruto argued that this is abuse of court processes. The Head of State wants the High Court to recuse itself and the case be taken over by the Supreme Court.
“The Petition herein filed in this Honorable Court in clear disregard of the law, is an abuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court,” reads part of the court documents.
President Ruto cited 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.
“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 assuming office.
The petitions filed challenged the impeachment process of Rigathi Gachagua and the subsequent nomination of former Interior Cabinet Secretary Kithure Kindiki.
The petitioners cited that the entire impeachment process was unconstitutional, characterised with procedural inconsistencies.
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