Ruto files preliminary objections against petition seeking to oust him

Deputy President William Ruto has filed preliminary objections against a petition filed by a section of Mau Mau fighters from the Central region seeking his removal from office.

The Deputy President now seeks the court to throw out the suit on the grounds that the High Court lacks jurisdiction to hear and determine the instant suit as the same seeks orders for removal of the Deputy President from office in a manner that contravenes Articles 150 as read with Articles 144 and 145 The Constitution of Kenya 2010.

The DP also states that the suit herein fails the test of justiciability and ripeness as the Applicant invites the court to embark on an academic exercise that is a waste of precious and scarce judicial time.

In addition, Ruto says the suit herein is incompetent and incurably defective both in form and in substance and is therefore untenable further claiming that the suit as filed, does not raise any triable issues for determination in that it has not disclosed any specific acts that are manifestly in breach of the law to warrant judicial intervention.

In conclusion, the Deputy Head of State notes that it is in the public interest and in the interest of justice that the instant suit is dismissed with costs as the same is an abuse of the court process.

In a petition filed by their leader Michael Kirungia, the Mau Mau argues that the Deputy President is not performing the functions conferred to him by the constitution and has committed a crime under the National oaths and affirmations third schedule article 148(5).

In an application filed under urgency, Kurungia further accused DP Ruto of gross misconduct, claiming he was attacking the government that he serves.

“The Deputy President William Ruto has failed to perform the functions conferred to him by the Constitution,” Kurungia said.

They further accused Ruto of illegally using public funds and resources while campaigning ahead of the August 9 election. 

The Mau Mau fighters want the court to declare that Ruto has committed a crime under the Oaths and Statutory Declarations Act Cap 15(ii) of Laws of Kenya.

The group further claimed Ruto has violated Article 147(1) (2) of the Constitution and that he is not acting as their principal assistant to the President.