Nairobi — The High Court has thrown out a case that sought to have Deputy President William Ruto removed from office over alleged gross misconduct and abdication of his role.
Justice Anthony Mrima said Thursday while dismissing the case that the Court lacks jurisdiction to hear and determine the suit filed by Michael Kirungia.
Mrima argued that the constitution has an elaborate procedure on how the Deputy President may be removed from office under Articles 144, 145, and 150.
"In Article 145, the Constitution provides for the process of impeachment. The process is squarely within Parliament, and it is a self-executing one. As such, the application suffers a false start. Simply put, there are no issues for determination by the Court," Mrima said.
Mrima further noted that the application before the Court raises matters which are not "justiciable."
"The Court cannot, therefore, assume jurisdiction. It lacks jurisdiction and it has to down its tools,' he said.
In his application, the petitioner also wanted DP Ruto to be restrained from using the office of the Deputy President and Deputy Presidential Residential home in conducting Meetings of the United Democratic Alliance (UDA) until the case is heard and determined.
He argued that DP Ruto was illegally using public funds in conducting his own assignment of UDA meetings country wide for 2022 campaigns instead of "doing the function assigned to him by the President."
He also wanted the court to declare that DP Ruto had committed a criminal offence under the Oath and Statutory Declarations Act Chapter 15 (II) Laws of Kenya.
Ruto on his part filed a preliminary objection on May 5, 2022, in response arguing that the suit herein "is incompetent and incurably defective both in form and in substance and is therefore untenable."
He further filed written submissions noting that he has been carrying out his constitutional mandate and has been a law-abiding citizen.
He further submitted that he had "all along been dedicated and expeditiously carrying out his mandate as stipulated under Article 147 of the Constitution."
