The President and his deputy held Cabinet and political party positions illegally between 2010 and 2012, a court has ruled.

The High Court ruled President Uhuru Kenyatta and his deputy William Ruto ought to have been disciplined when they served as Cabinet ministers and at the same time held political party positions.

Uhuru served as deputy prime minister and Finance minister, while Mr Ruto was the minister for Higher Education, Science and Technology. Uhuru also served as Kanu chairman, while Ruto was Orange Democratic Movement Deputy Party Leader.

Lenaola continued to state that: "I resolve that (Uhuru and Ruto) should at the time they violated Article 77 (2) of the Constitution have been subjected to the relevant disciplinary procedures for the offices they were holding," High Court judge Isaac Lenaola ruled.

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According to the judge, this may have led to their dismissal or removal from office, which would have disqualified them from holding any other State office. Lenaola, while determining a petition declined orders sought by Isaac Aluoch that included removal of the two from their current positions and having them disqualified from holding any other State office.

Constitution watchdogs

The petitioner, Lenaola said, ought to be lauded for his vigilance but ruled that two leaders cannot be removed from office. "I certainly cannot find that they would be disqualified from holding the offices of President and Deputy President precisely because this subject falls under the exclusive jurisdiction of the Supreme Court," he said.

"In a nascent constitutional dispensation where the people are sovereign, watchdogs of the Constitution and warriors of constitutionalism must remain vigilant to guard against the excesses and misconduct by State and other officers," Lenaola added.

Article 77 (2) of the Constitution prohibits an appointed State officer from holding a political party office.

"Adverse consequences of a disciplinary action that should have taken place should not in this instance be visited upon (Uhuru and Ruto)," Lenaola ruled.