President William Ruto has submitted a preliminary objection to the petition challenging the impeachment of Rigathi Gachagua.
Represented by lawyer Adrian Kamotho, Ruto argues that the court does not have the jurisdiction to hear or rule on the case, claiming that the petition is an abuse of the legal 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.
Ruto has been listed as the fifth respondent in the case, while the impeached Deputy President Rigathi Gachagua is named as an interested party.
Ruto has requested the court to dismiss the case, arguing that, under the Constitution of Kenya 2010, no civil proceedings can be initiated against a sitting President or anyone performing the duties of the office during their tenure for actions taken or not taken under the Constitution.
Petitioners David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki filed a case in court to block Deputy President-nominee Kithure Kindiki from assuming office.
They raised concerns over the Senate impeachment process, questioning its legality.
As a result, the petitioners asked the court to halt Kindiki’s swearing-in until the court addresses their concerns regarding the procedure.
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