President William Ruto has submitted a preliminary objection in response to a petition concerning the impeachment of Rigathi Gachagua. Through attorney Adrian Kamotho, Ruto asserts that the court lacks jurisdiction to hear and adjudicate the petition, claiming it constitutes an abuse of the court process.
“The petition filed in this honorable court exhibits a clear disregard for the law and constitutes an abuse of due process, and therefore cannot be entertained or resolved by this honorable court,” states the court documents.
The president has been identified as the fifth respondent in the case, while the impeached deputy president is listed as an interested party.
President Ruto, while requesting the court to dismiss the case, argues that civil proceedings cannot be initiated in any court against the president or the individual performing presidential duties during their tenure concerning actions taken or not taken under the Constitution of Kenya 2010.
Petitioners David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki, and Edwin Kariuki have approached the court to prevent Deputy President-nominee Kithure Kindiki from taking office. They criticized the Senate impeachment process, questioning the legality of the entire procedure. The petitioners therefore requested the court to suspend Kindiki’s planned swearing-in until the issue was resolved by the court.
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