DP Ruto, Gachagua Want Petition Blocking Their Swearing-In If Elected Dismissed

A petition that aimed to prevent the swearing-in of William Ruto, the deputy president, and Rigathi Gachagua, his running mate in the 2022 general election, has been addressed in court through a preliminary objection.
The pair asserts that the Supreme Court case involves an abuse of the legal system. They contend that it was incorrectly and prematurely asserted its jurisdiction.

Through attorney Elius Mutuma, they assert that the case violates the idea of exhaustion with regard to the available channels of redress under the Rules of Procedure on Settlement of Disputes.

They further contend that the matter does not pass the justiciability and ripeness tests because the Petitioners are asking the court to engage in a speculative venture that would be a waste of valuable and limited resources.

“The suit herein is incompetent and incurably defective both in form and in substance and is therefore untenable,”reads the court papers.

Meanwhile, 11 petitioners contend that the swearing-in of Ruto and Gachagus would be unconstitutional through attorney Kibe Mungai.

They contend that the two fail the constitutional integrity test set forth in Chapter Six.

“Given the provisions of Chapter Six of the Constitution, swearing in of the 1st and 2nd Respondents to office will constitute a flagrant violation of Articles 3, 4 and 10 of the Constitution,” reads the petition.

“Unless and until this Honourable Court has determined the constitutionality of the registration and gazettement of the 1st and 2nd Respondents as candidates, it would amount to aiding and abetting illegalities if the Respondents are sworn into office in the event that they get elected.”

What do you think?

Written by Esther Oyugi

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