Ruto's name struck out from case seeking his removal from office

President William Ruto during his Narok Tour May 7, 2025. [Kipsang Joseph, Standard]

The High Court has struck out President William Ruto’s name from a case filed to remove him from office. 

Justice Bahati Mwamuye yesterday agreed with Dr Ruto’s lawyer Fred Ngatia that he cannot be sued in person. 

Justice Mwamuye directed that the case should proceed with the Attorney General as a representative of the President. 

“The name of the first respondent is hereby struck out of the case,” Mwamuye ruled. 

In his application, the senior lawyer argued that his client was granted immunity from being sued in a civil court. 

He asserted that there was no window for the President to appear before a court of law in person. 

Instead, Ngatia said that the AG is the right person to be in the case as a respondent. 

The case had set the ground for a showdown between Ruto and his former deputy, Rigathi Gachagua as it initially targeted them both. 

Gachagua dropped lawyer Ngatia, who was representing him alongside Ruto, in the case. 

They had jointly urged the High Court to dismiss the case filed by 14 activists and lawyers who wanted the court to call for a referendum to remove the two from office. 

The case was filed by Fanya Mambo Kinuthia, lawyer Kibe Mungai, on behalf of Kenya Bora Tuitakayo Citizens Union, activists Cyprian Nyamwamu and Khelef Khalifa, Janet Muthoni, Captain Paul Rukaria, and Fred Ogolla. 

Ngatia had urged the court to strike out the case, arguing that the petitioners had not proven a violation of the Constitution by the President and his then-deputy. 

This was when the political marriage between Dr Ruto and Gachagua was still rosy. 

However, after his impeachment, Gachagua decided to change his course in the case, indicating that his interests were no longer the same as those of his former boss. 

In place of Ngatia, the former DP has appointed Echessa, Bwire and Company Advocates, an indication that his fight with Ruto is long from over. 

“Take notice  that the 2nd respondent herein, has appointed the firm of Echessa & Bwire Advocates to act for him in this petition in place of Ms. Ngatia & Associates Advocates,” the notice seen by The Standard reads in part. 

Gachagua has been openly vouching for one term only for the Kenya Kwanza government. 

Taxation is among the main issues in the case that the group led by Khalifa brought against the President and his ousted deputy. 

But Gachagua is now out of the matrix for removal as he was impeached by Parliament, leaving Ruto isolated in the battle. 

“An order of mandatory injunction be issued to compel the Independent Electoral and Boundaries Commission (IEBC) to conduct a referendum to determine whether the tenure of President and Deputy President of the Republic of Kenya should be terminated on account of gross violation of the Constitution, abuse of power, incompetent governance and irreversible loss of public trust and legitimacy,” the petitioners urge the court. 

In the case, lawyer Kibe Mungai claimed that the President and his then deputy had violated the Constitution over 31 times since they were sworn into office in September 2022. 

He stated that they allowed oppressive taxation, extrajudicial killings of anti-government protesters and entering into secret agreements with the US government. 

Ruto and Gachagua were also accused of capturing Parliament and encouraging and inducing the defection of MPs.