President William Ruto has formally opposed the legal challenge filed by Rigathi Gachagua regarding his impeachment as Deputy President.
In a preliminary objection presented before a three-judge bench, Ruto contends that the High Court lacks the jurisdiction to hear Gachagua’s case, asserting that such matters are exclusively reserved for the Supreme Court.
Ruto’s Legal Arguments
Ruto’s legal team, led by lawyer Adrian Kamotho, argues that the impeachment case contravenes several constitutional provisions.
Specifically, they cite Article 165(5)(a) of the Constitution, which they claim restricts the High Court from adjudicating on issues meant for the Supreme Court. Ruto emphasized:
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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…
William Ruto
Additionally, Ruto’s team pointed out that civil proceedings against a sitting president are prohibited under Article 143(2) of the Constitution.
They described Gachagua’s petition as “defective” and an “abuse of court processes,” urging for its dismissal on these grounds. Ruto stated:
That 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. THAT the Petition herein is irredeemably defective, null and void ab initio for breach of mandatory provisions of the law.
William Ruto
Gachagua’s Position
In response to his impeachment, Gachagua has sought conservatory orders to halt his removal from office. His legal team argues that the impeachment process lacked adequate public participation and failed to substantiate the allegations against him.
Former Law Society of Kenya president Nelson Havi defended Gachagua’s actions in court, suggesting:
Gachagua’s move was not about him wanting to continue serving as the deputy president… He is only fighting legal consequences that arise from an impeachment proceeding.
Nelson Havi
Havi further indicated that Gachagua would formally resign if the High Court quashes his impeachment or could extend his fight to the Supreme Court.
Current Court Proceedings
The High Court has temporarily stayed Gachagua’s replacement by Kithure Kindiki until the case is resolved. Justice Chacha Mwita stated on Friday, October 18:
The process of installing Kindiki as the new deputy president is stayed until this case is heard and determined.
Chacha Mwita
This decision is crucial as it prevents any immediate transition in leadership while legal arguments are presented.
The situation remains fluid, with both sides preparing for further hearings as they navigate this unprecedented political and legal challenge.
