Ruto challenges High Court's powers to hear Gachagua petitions

President William Ruto on Tuesday filed a preliminary objection in a petition against the impeachment of Rigathi Gachagua.

Through lawyer Adrian Kamotho, Ruto asserts that the court does not have the jurisdiction to hear or decide on the petition, claiming it constitutes an abuse of the court process.

"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," reads court documents.

This comes after the impeached Deputy President moved to court to block nominated deputy president Kithure Kindiki from being sworn into office.

In the case where Gachagua has been named as an interested party, President Ruto has been named as the fifth respondent.

According to President Ruto, under the Constitution of Kenya 2010 civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office.

Petitioners David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki have approached the court to prevent Deputy President-nominee Kithure Kindiki from taking office. They have criticized the Senate impeachment process, raising concerns about its legality.

Halting swearing-in

Consequently, the petitioners are seeking an order to halt Kindiki's scheduled swearing-in until the court addresses the issue.

The President’s lawyer Kamotho faulted the petitioners, terming their suit “a clear disregard of the law, and an abuse of the due process of court.”

He asked the court to find the petition “irredeemably defective, null, and void ab initio for breach of mandatory provisions of the law.”

President Ruto’s objection came a day after Gachagua wrote to the High Court Registrar contesting directives issued by a three-judge bench in Nairobi considering his petition, alleging bias.

Gachagua contested the circumstances under which Justices Eric Ogolla, Anthony Mrima, and Dr. Freda Mugambi took up the matter.

“There are preliminary indications that the Chief Justice was not even in the country at the material time in question,” Gachagua’s counsel said in a letter.

He vowed to file a complaint with the Judicial Service Commission on the matter.

Gachagua’s lawyers wrote to the Registrar and copied Chief Justice Martha Koome after the three-judge bench directed parties to appear for an inter partes hearing on Tuesday.

Justice Freda Mugambi issued the directive on Saturday amid successive court orders from across the country on the matter.