President Willam Ruto /Photo courtesy/
President William Samoei Ruto has fired back at the High Court, claiming that they do not have authority to decide on ousted Deputy President Rigathi Gachagua’s case.
Through his lawyer Adrian Kamotho, Ruto is opposing this case that was filed by David Mathenge and four others at Kerugoya Court. This case is currently being heard by a three bench judge.
The President asserts that only the Supreme Court has the exclusive jurisdiction to hear the case, since the matter is hefty and weighty.
Kamotho said that the case contravenes Article 140 as read with Articles 148 and 149 of the Constitution, which gives only the Supreme Court the mandates to resolve the disputes from electoral process.
He also added that Article 165(5)(a) of the Constitution was undermined by the case.
“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.
He therefore asserted that the case before the High Court is irredeemably null, defective and void since it breaches mandatory provisions of the law.
The embattled and impeached DP is currently at the Milimani Law Courts where his fate is to be decided.
The court might uphold the resolution of the Senate or sanitize him and free him from the whip, to pave way and clear the air on the next DP.
The President appointed Hon. Kithure Kindiki as the next DP and was approved by all the 269 Members of the Parliament.
Due to a court injunction upon Rigathi Gachagua filing a case, Kindiki’s swearing in was temporarily stopped.
The outcome of this case will steer what happens next in the office of the DP.
More to follow…
