President William Ruto has submitted a preliminary objection to a court petition challenging the impeachment of Deputy President Rigathi Gachagua. Through his lawyer Adrian Kamotho, Ruto contends that the court does not have jurisdiction to hear the petition and argues that it constitutes an abuse of court process.
In court documents, Ruto asserts:
“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.”
Ruto is named as the fifth respondent in the case, while Gachagua is identified as an interested party. The President argues that civil proceedings cannot be initiated against him or any individual performing presidential duties regarding actions taken or not taken under the Constitution of Kenya 2010 during their time in office.
The petitioners, comprising David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki, are seeking to prevent the deputy president-nominee Kithure Kindiki from taking office. They have raised concerns about the legality of the Senate’s impeachment process and have requested the court to halt Kindiki’s planned swearing-in until the issue is resolved.
