President William Ruto has filed a preliminary objection in a petition challenging the High Court from handling the impeachment of Rigathi Gachagua.
Ruto, through lawyer Adrian Kamotho, says that the court lacks jurisdiction to hear and determine the petition. He also argues that it is an abuse of the court process.
He is opposing a suit filed by David Mathenge and four others at Kerugoya Court.
“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,” the court documents read.
Ruto wants the case dismissed arguing that the 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.
He avers that only the Supreme Court has the exclusive jurisdiction to hear the cases.
The president has been named as the fifth respondent in the case whereas the impeached deputy president is named as an interested party.
A three-judge bench is set to hear the case this afternoon challenging Gachagua’s stay orders, which are stopping his nominated successor, Kithure Kindiki, from taking office.
The stay order was issued by a Kirinyaga court on Friday.
The application has been filed by Solicitor General Shadrack Mose who argues the order is against the country’s interest as the constitution does not envisage a vacancy in the office of the Deputy President.
“The said conservatory orders were issued ex-parte and without according to the state or the National Assembly or the parties a chance to be heard,” the application reads.
He says it is prejudicial to the people of Kenya and the entire republic if the office of the Deputy President remains vacant as a result of the ex-parte interim orders.
The National Assembly on the other hand claims Justice Richard Mwongo issued the order without ascertaining whether he had jurisdiction to entertain matters concerning the impeachment process.
