Activists seek referendum to oust Ruto, Gachagua from office

A group of experts and rights activists have petitioned the High Court to order a referendum for Kenyans to determine whether the tenure of President William Ruto and his deputy, Rigathi Gachagua, should be terminated for incompetence and gross violation of the constitution.

Led by public policy expert Cyprian Nyamwamu, the petitioners want the high court to order the Independent Electoral Boundaries Commission (IEBC) to carry out the plebiscite held before the end of October. 

They argued that Kenyans need an opportunity to determine whether Ruto and Gachagua should be allowed to remain in office or whether they should be ousted for abuse of power and irreversible loss of public trust and legitimacy.

Nyamwamu, 12 others, and a civil society organisation, the Kenya Bora Tuitakayo Citizens Association, filed the petition through lawyer Lempaa Suyinka.

They listed numerous instances where the leaders were accused of violating the constitution and several cases of looting of public resources, which make the government irredeemable in the eyes of Kenyans. 

"A declaration be issued that (Ruto) has condoned, aided, and abetted misappropriation of public funds in a corruption scheme where a Sh17 billion oil import subsidy in the Ministry of Energy was misappropriated in violation of the constitution," stated Nyamwamu.

"A declaration be issued that (Ruto and Gachagua) have refused, neglected, or otherwise failed to diligently, conscientiously, and effectively uphold the constitution in the management of affairs of the state and government of Kenya in violation of their respective oaths of office prescribed in the constitution."

Deputy President Rigathi Gachagua during a press briefing in Mombasa on June 26, 2024. (Photo: DPCS)

Nyamwamu added that Gachagua has discriminated against Kenyans on political grounds and violated their human dignity by classifying them as shareholders and non-shareholders in matters of government.

Gachagua was previously vocal that government appointments were reserved for shareholders, meaning only those who supported him and Ruto during their election campaigns.

Nyamwamu argued that the remarks violated numerous provisions of the constitution, which makes Gachagua ineligible to continue to remain in the office of the DP.

The petitioners want the high court to declare that the two have violated the constitution by not making inclusive and skewed appointments to the government.

"'A declaration be issued to declare that (Ruto and Gachagua) have exercised their powers under Article 132 (2) and 149 of the constitution by appointing state and public officials in an ethnically discriminatory manner in violation of the constitution," Nyamwamu said. 

The President and his deputy have yet to respond to the petition.