President William Ruto on Tuesday, October 22, contested the High Court's powers to hear petitions challenging the impeachment of Rigathi Gachagua, observing 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. According to President Ruto's petition, the court presided over by Justice Richard Mwongo, lacked jurisdiction to determine the case.
This comes after the impeached Deputy President moved to court to block nominated deputy president Kithure Kindiki from being sworn into office.
In his petition, through his lawyer Adrian Kamotho, Ruto has challenged the powers of the High Court in handling the matter arguing it is a misuse of court processes. The Head of State wants the High Court to recuse itself and the case to be taken over by the Supreme Court.
"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.
According to President Ruto, 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.
This is after the National Assembly approved his nomination before petitions seeking to stop Kindiki from being sworn in were filed in court.
The petitions challenged the impeachment process and Kindiki's subsequent nomination. The petitioners argue that the entire impeachment process was unconstitutional, marred with procedural inconsistencies, and driven by political motives.
The petitioners requested the court to stop Kithure Kindiki's planned swearing-in as the New Deputy President until the matter was heard and determined.
Meanwhile, on Tuesday, Rigathi Gachagua appeared at the Milimani Law Courts to observe proceedings on a case challenging his impeachment.
Interestingly, Gachagua was on Monday summoned by the Directorate of Criminal Investigations (DCI) after he made claims that his life was in danger and state operatives had tried to poison him on two separate occassions.
