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Supreme Court Petition Blocking Ruto Swearing-In

Joy Waweru | 1 year ago
The Seven Judges of the Supreme Court of Kenya FILE:COURTESY
The Seven Judges of the Supreme Court of Kenya FILE:COURTESY

The Supreme Court has today dismissed a petition seeking to bar the president-elect William Ruto and his running mate Rigathi Gachagua from being sworn in.

The petition was filed by eleven activists citing integrity issues as their main point of concern. Dr.Ruto and Rigathi Gachagua are facing lawsuits in court with accusations of graft and embezzlement of public funds.

This, according to the activists are legitimate grounds for the two not to be sworn into office on Tuesday next week.

The Supreme Court found that it would be operating outside its jurisdiction if it handled the case leveled by the eleven activists. The apex court asserts that would have been the jurisdiction of the High Court. The court also questioned the timing of the petition.

The Supreme Court of Kenya has both original and appellate jurisdiction. It is however exclusively tasked with the mandate of presiding over disputes arising from a presidential election petition.

Advocate Kibe Mungai appearing for the activists in the petition said they required the Supreme Court’s interpretation of the application of ethics and integrity law to individuals seeking elective public offices.

The activists alleged that it would be unconstitutional, illegal, and unlawful. They further argue that Rigathi Gachagua is unsuitable to hold office and his nomination by William Ruto was invalid. As a result, the activists say their contest in the presidential bid was illegal and therefore their election be deemed unconstitutional.

UDA and Dr.Ruto objected stating that the Supreme Court cannot handle such a case at first instance.

Veronica Maina secretary general of UDA told the court that the petition fails to meet the threshold of exhaustion of avenues. She also stated that the petition fails the requirement of justiciability and ripeness ad offends the principle of sub-judice as there was another related matter going on in the High Court.

Dr.Ruto and UDA also argued that the suit was incompetent and incurably defective both in form and in substance.


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