Why Ruto's lawyers have withdrawn from Gachagua impeachment case
By Lucy Mumbi |
The lawyer cited a previous Supreme Court ruling which determined that the President could not be enjoined in any legal proceedings, including those filed by Gachagua.
President William Ruto's lawyer, Kamotho Njenga, has withdrawn from the ongoing court case concerning the impeachment of ousted Deputy President Rigathi Gachagua.
Appearing on Thursday before a three-judge bench comprising Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi, Njenga stated that the president's lawyers would no longer represent him in the matter, noting that Ruto’s involvement in the case was contrary to the law.
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He cited a previous Supreme Court ruling, which determined that the President could not be enjoined in any legal proceedings, including those filed by Gachagua.
"My Lord, with your kind permission, I wish to bring to the attention of the court that we shall no longer be acting for the sixth respondent in this matter, and to that effect, we have filed a notice to cease acting on account of the Supreme Court decision that determined that the President cannot be subject to civil proceedings," Njenga said.
He elaborated on their withdrawal, explaining that they would not act contrary to an express court order.
"So in that regard, we will not be able to act contrary to an express court order, and we have therefore filed a notice to cease acting, and we ask the court to deem that to be a sufficient notice that the person named as the sixth person is now not represented in these proceedings," he said.
President Ruto had previously challenged the High Court's authority to hear the impeachment case, arguing that it should be addressed by the Supreme Court instead.
Through lawyer Adrian Kamotho, Ruto said that the court lacks jurisdiction to hear and determine the petition, arguing it is 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 Honourable Court," reads court documents.
He noted that 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 in respect of anything done or not done under the Constitution of Kenya 2010.
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