President William Ruto in a past event//Photo Courtesy
High Court while delivering judgement on conservatory orders against swearing in of Prof. Kithure Kindiki as Deputy President, refuted President William Ruto’s claims that the High Court has no such jurisdiction.
On 22nd October 2024, Ruto through his lawyer Adrian Kamotho, opposed this case that was filed by David Mathenge and four others at Kerugoya Court before the High Court.
The President said that only the Supreme Court has the exclusive jurisdiction to hear the case, since the matter was hefty and weighty.
“By dint of Article 165(5)(a) of the Constitution, the Honourable Court cannot determine the petition as canvassed and or grant the prayers sought, being a matter reserved for exclusive jurisdiction of the Supreme Court,” Kamotho said.
However, while lifting the consevatory orders that temporarily stopped the swearing in of Deputy President elect, Prof. Kithure Kindiki, the High Court has confirmed that it’s under confines of the law.
Justice Freda Mugambi affirmed that the impeachment of Deputy President is a constitutional process and its determination falls under the jurisdiction of the High Court.
Mugambi said, “It is undisputed that the impeachment of the deputy president is a constitutional process, & the authority to determine whether the merits and procedure of such impeachment process fall squarely within the jurisdiction of the High court’’
The Judge went further refuting President Ruto, stating that impeachment of both the President and his/her Deputy doesn’t lie within the powers of the Supreme Court.
The Judge said, “The jurisdiction to hear disputes arising from the impeachment of a president and deputy president does not lie with the Supreme Court within the realm of original and exclusive jurisdiction.’’
However, the President became victorious as the High Court lifted the orders that barred swearing in of Kithure Kindiki as the DP, after he was unceremoniously approved by the Parliament.
While delivering his judgement, Justice Eric Ogola said that the orders that were issued on 18th October 2024 in Kerugoya have been banned.
“The applications for conservatory orders are hereby disallowed. The conservatory orders on 18th of October 2024 in Kerugoya High Court are hereby discharged,” announced the judge.
Kindiki is expected to be sworn in as the next DP following the court decision.
