Ruto urges court to strike out Gachagua's case

Embattled former Deputy President Rigathi Gachagua with his senior lawyer Paul Muite at the High Court. [David Gichuru, Standard]

President William Ruto has finally opened up about his fallout with the impeached Deputy President Rigathi Gachagua with a push to have the impeachment cases dismissed.

In his reply to the cases filed to block his nominee Prof Kithure Kindiki from assuming the office, Ruto urged High Court Judges Eric Ogola, Freda Mugambi and Anthony Mrima to dismiss the case.

According to him, the High Court has no power to entertain the 29 cases filed before the Senate's removal from office and the four that were subsequently lodged after Friday.

The President’s lawyer Adrian Kamotho argued that only the Supreme Court can hear an impeachment dispute of a President and his deputy.

“The Petition as drawn and filed contravenes Article 140 as read together with Articles 148 and 149 of the Constitution, which provisions vest upon the Supreme Court, the mandate to determine disputes emanating from a presidential electoral process,” argued Kamotho.

He further argued that it was unlawful to have Dr Ruto as a party in the case as the constitution shields him from civil litigation during his tenure in office.

 When the case came up for a mention, the session was tense from the word go. Just before senior lawyer Paul Muite rose to address the court, Attorney General Dorcas Oduor rose.

When Justice Ogola asked why the two were on their feet simultaneously, the AG argued that she took precedent.

 The AG had entrusted former AG Githu Muigai to lead her internal team, including her deputy Shadrack Mose, Emmanuel Bitta, and Mutinda. Kindiki on the other hand had Muthomi Thiankoru, Moses Kipkogei and Ken Melly.

The National Assembly retained Paul Nyamodi and George Murugara. Others in the team for Senate are Moni Mokele, Prof Tom Ojienda and Senator Hillary Sigei, Nancy Thanji and Tom Ojienda.

When Muite stood up to introduce his team, he immediately said that Gachagua’s team was in court under protest.

“I am stating the quorum under protest. We are not willingly here, but let the record show that the counsels appearing before this court today appear under protest. I appear Muite, for the record, Tom Macharia, Elisha Ongoya, Faith Waigwa, Victor Swanya, Ndegwa Njiru, Andrew Muge, George Wandati, John Njomo. I seek clarity on whether it is only petition 565 of 2024 before the honourable court today,” he said.

Kibe Mungai, Dan Maazo, Njeri Maina, George Sakiba, Andrew Muge, Kiragu Wathuta, Kenneth Matiba, and Prof. Abdalla appeared for David Mathenge, Peter Kamotho, Grace Muthoni, Clement Muchiri and Edwin Munene who had  filed their case before the High Court in Kerugoya.

When the case was again called out, Muite raised the same sentiments. It emerged that there were other files that were filed on Friday that had not been before the bench despite being sent to Chief Justice Martha Koome who was to appoint a bench.

Danstan Omari said he had filed a case on the same day.

" The reason the file in Kerugoya is before you are because the Kerugoya case stopped the swearing-in of the Deputy President elect. The other files are in the graveyard. The questions I am raising is that there are files brought selectively before you," said Omari.

Justice Ogola said the bench was only dealing with files that were before the judges.

Muite said his client wanted to know which files were before the court.

Justice Ogola said that it was Koome who had constituted the bench to hear the three cases which were before them.