The High Court in Nairobi on Thursday dismissed President William Ruto's plea to have the case involving the impeachment of former Deputy President Rigathi Gachagua be referred to the Supreme Court for hearing.
The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that the High Court had the jurisdiction to hear the case.
According to Justice Fridah Mugambi, the hearing of the petition challenging the impeachment of the deputy president was a constitutional process and thus the High Court, just like the Supreme Court, had equal powers to determine the case.
"It is undisputed that the impeachment of the deputy president is a constitutional process & the authority to determine whether the merits and procedure of such impeachment process falls squarely within the jurisdiction of the High court," Justice Fridah Mugambi noted.
"The jurisdiction to hear disputes arising from the impeachment of a president and deputy president does not lie with the Supreme Court within the realm of original and exclusive jurisdiction. We do hereby find and hold that this court has the jurisdiction to sit and determine the matter that is before it."
On October 22, President William Ruto's legal team protested the decision by the High Court to hear and determine the case on the impeachment of the former deputy president.
According to the Head of State, the High Court had on jurisdiction to hear and determine the matter and that the matter should be preserved for the Supreme Court.
The Head of State further noted 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 herein filed in this Honorable Court in clear disregard of the law is a misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court," read part of the notice by President Ruto's lawyer to the court.
Ruto was forced to intervene after impeached Deputy President Rigathi Gachagua moved to court to stop nominated DP Kithure Kindiki from being sworn in and assuming office.
High Court Judge Chacha Mwita on October 13, issued conservatory orders stopping Kithure Kindiki's swearing-in. According to Justice Chacha, the petition raised pertinent constitutional questions that needed to be heard by a bench of judges appointed by Chief Justice Martha Koome.
"Due to the issues raised and the urgency of the matter, a conservatory order is hereby issued, staying the implementation of the resolution of the Senate upholding the impeachment charges against the petitioner," read the court order.
