President RUTO wants the High Court to dismiss GACHAGUA's impeachment cases, argues the dispute should be handled by Supreme Court.

Tuesday, October 22, 2024 - President William Ruto, through his lawyers, has opposed the case filed by Rigathi Gachagua challenging his impeachment.

In a preliminary objection filed before a three-judge bench, Ruto argued that the High Court lacks jurisdiction to entertain Gachagua's petition.

According to the president, the case challenging the deputy president's impeachment was a preserve of the Supreme Court.

"By dint of Article 165 (5) (a) of the Constitution, the Honorable Court cannot determine the Petition as canvassed and/or grant the prayers sought, being a matter reserved for the exclusive jurisdiction of the Supreme Court. 

"The Petition, as drawn and filed, contravenes Article 140, which reads together with Articles 148 and 149 of the Constitution, the provisions of which absolutely vest upon the Supreme Court, the mandate to determine disputes emanating from a presidential electoral process," Ruto argued

The Head of state further urged the three-judge bench to dismiss Gachagua's petition, arguing that it was defective and abused court processes.

"That 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.

"THAT the Petition herein is irredeemably defective, null and void ab initio for breach of mandatory provisions of the law," he added.

The three-judge bench will make the determination on Tuesday afternoon.

The Kenyan DAILY POST

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