New twist as president Ruto want Gachagua ouster cases dropped, says High Court lacks jurisdiction
In a dramatic twist to push impeached Deputy President Rigathi Gachagua out of office despite having obtained conservatory orders barring his replacement, president William Ruto has filed a preliminary objection in a petition against the impeachment of his estranged deputy.
Through lawyer Adrian Kamotho, Ruto says that the court lacks jurisdiction to hear and determine the petition, arguing it is abuse of court process.
Instead, the president argues that the dispute falls under the exclusive jurisdiction of the Supreme Court.
He is opposing a suit filed by David Mathenge and four others at the Kerugoya Law Courts, where conservatory orders were granted, temporarily barring Kithure Kindiki from assuming office until the case is heard and determined.
“By dint of Article 165 (5) (a) of the Constitution, the honorable 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.” President Ruto argues.
Ruto further says that the petition contravenes Article 140 in conjunction with Articles 148 and 149 of the Constitution, which place presidential electoral disputes squarely within the Supreme Court’s mandate.
“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.” Documents filed in court read in part.
President Ruto is listed as a respondent in the case alongside the National Assembly, Speaker of the National Assembly Moses Wetang’ula, the Senate, and Speaker Amason Kingi, among others.
