President William Ruto has contested the High Court’s powers to hear petitions challenging the impeachment of Rigathi Gachagua.
In the petition filed at the High Court, Ruto has requested the High Court to drop Gachagua’s impeachment cases.
According to him the case should be handled by the highest court in the land.
His petition comes after the impeached DP moved to court to block nominated deputy president Kithure Kindiki from being sworn into office.
In Ruto’s petition, through his lawyer lawyer Adrian Kamotho, Ruto has challenged the powers of the High Court in handling the matter arguing it is misuse of court processes.
The Head of State wants the High Court to recuse itself and the case be taken over by the Supreme Court.
“The Petition herein filed in this Honorable Court in clear disregard of the law, is misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court.’’
According to President Ruto, under the Constitution, civil proceedings cannot be instituted in any court against the President or the person performing the functions of the Office of the President during their tenure of office.
“The petition, as drawn and filed, contravenes Article 140 as read together with Articles 148 and 149 of the Constitution, which provisions vest the Supreme Court with the mandate to determine disputes emanating from a presidential electoral process.’’
Rigathi Gachagua has however appeared at the Milimani Law Courts to observe proceedings on a case challenging his impeachment.
