President William Ruto has raised a preliminary objection to a petition seeking the impeachment of Rigathi Gachagua.
Represented by lawyer Adrian Kamotho, Ruto contends that the court lacks the jurisdiction to hear the case, claiming it constitutes an abuse of the judicial process.
See also “Gachagua will be expelled from UDA” Omar.
“The petition filed before this Honorable Court blatantly disregards the law and constitutes an abuse of court process, making it unfit for consideration or determination by this Court,” the court documents state.
In the case, President Ruto is listed as the fifth respondent, while the impeached Deputy President is named as an interested party.
President Ruto, in seeking dismissal of the case, argues that civil proceedings cannot be brought against the President or any individual performing the functions of the President’s office during their tenure for actions taken or not taken under the Constitution of Kenya, 2010.
Petitioners David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki filed a court case seeking to prevent Deputy President-nominee Kithure Kindiki from assuming office.
They challenged the legality of the Senate’s impeachment process, raising concerns about the entire procedure.
As a result, they asked the court to halt Kindiki’s scheduled swearing-in until the issue is resolved by the court.
