Ruto responds to court petitions seeking his removal from office

President William Ruto has responded to several court petitions seeking his removal from office, emphasising that activists behind the litigation are free to enjoy their constitutional rights.

Speaking at a town hall meeting at the Kenya School of Government in Mombasa on Sunday, Ruto acknowledged that his government would not interfere with the petitions filed by the 14 Kenyans.

"The 14 Kenyans who have gone to court are exercising their democratic right," Ruto stated.

He added, "That is how free this country is. You can actually go to any court and demand what you want. That is a taste of the freedom that I stand for in Kenya."

Ruto further reiterated his support for the judiciary's independence and underscored the importance of constitutional processes.

"I want to promise that those Kenyans who have gone to court for whatever reason are free to do it, and the courts are free to make whatever decision that is constitutional," he added.

The petitioners approached the High Court in Nairobi, seeking orders to initiate a referendum to remove Ruto and his deputy, Rigathi Gachagua, from office. They further accused the President and his deputy of violating the constitution by permitting extrajudicial killings of anti-government protesters by police forces.

Their petition calls for judicial intervention to address the socio-political crisis and preserve constitutional order. They further warned that the economic crisis, exacerbated by the withdrawal of the Finance Bill, could lead to state collapse similar to those experienced in Sri Lanka, Lebanon, or Sudan.

Police officers clear the road along Koinange Street after protesters lit fires in the anti-government demos on Tuesday, July 16, 2024. (Photo: Barack Oduor/EV)

The constitution in Section 145 of Chapter 9 only allows the removal of a president through impeachment, resignation in written form addressed to the Speaker of the National Assembly, death, or incapacitation.

A referendum under Section 257 of Chapter 16, addresses the amendment of the Constitution proposed by a popular initiative signed by at least one million registered voters. A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.

If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill. The promoters shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.

If IEBC is satisfied that the initiative meets the requirements of this Article, it shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.

A county assembly after approving the draft Bill within three months after the date it was submitted by the Commission, will deliver a copy to the Speakers of the National Assembly and Senate.

After a majority of the members of each house pass it, it shall be submitted to the President, whom the activists are seeking his ouster through 'a referendum' for assent.

Ruto, meanwhile, reaffirmed his commitment to the rule of law and freedom of expression. He noted that he had the authority to shut down the internet during anti-government protests but chose not to, out of respect for democratic principles.

"I believe in the rule of law and freedom of the media. That is what democracy is about," Ruto remarked.