A group wants the president and deputy president’s tenure terminated through a popular vote in a referendum.
In a petition lodged before a Nairobi court under certificate of urgency the Kenya Bora Tuitakayo Citizens Association has accused the government of incompetence in addressing the country’s challenges and subsequent declining legitimacy of the presidency to steward the affairs of the Kenyan state and nation.
The association has also accused president William Ruto and Rigathi Gachagua of violating the right to life, safety and human dignity during the anti-government protests.
The petitioners say they are seeking judicial intervention to “prevent the current social econo- political crisis from spiraling out of control and to preserve the constitutional order”.
They want the court to restrain Ruto and Gachagua from deploying defence forces and labelling good governance protests led by the Gen Z protesters as criminals, treasonous and faceless anarchists.
The petitioners argue that the two men at the helm of the nation have failed to deal with the political crisis within the confines of the Constitution even deploying Kenya Defence Forces (KDF) officers on peaceful protesters and abducting some of them.
According to them, there is no justification for the President to deploy the Kenya Defence Forces (KDF) to prevent unarmed citizens from protesting and picketing as guaranteed by Article 37 of the Constitution.
“The legitimacy crisis facing Kenya is so profound that the Petitioners contend and seek to have the tenure/terms of the 1st and 2nd Respondents President and Deputy President-terminated through a popular vote in a Referendum that should be held by end of October, 2024,” read the court documents.
They further accused the police of permitting “political thugs, saboteurs, agent provocateurs, and other goons” to infiltrate the Gen Z-led protests and cause mayhem in the nation.
“Given the brutality, abductions and cold-blooded executions that the police have hitherto unleashed on protesters, it is important that orders be given to direct the Respondents to respect the human right of protesters particularly the rights to life, personal safety and human dignity,” they added.
They have further challenged the president’s decision to make Kenya a non-NATO ally of the USA, arguing it lacks transparency and threatens national security.
“Such a decision is potentially risky to Kenya’s National Security area and its non-aligned foreign policy,” they argued.
They also contest a secret agreement allegedly allowing a U.S. military airfield in Lamu.
They claimed it is unjustified and made in secrecy.
Additionally, they seek to halt unauthorized borrowing and ensure all government funds are properly deposited into the Consolidated Fund.
“Considering that the financial and economic problems facing Kenya are mainly rooted in corruption, wastage in management of public funds and irresponsible and unlawful public borrowing, it is necessary that no borrowing for programs outside the Appropriation Act, 2024 should be permitted,” read court documents.
They now demand a five-judge bench should to hear the matters raised.
In the petition they have also sued the National Assembly, the Senate, Independent Electoral and Boundaries Commission (IEBC) , Inspector General of Police and the National Treasury.