Ruto wants suit seeking his removal dismissed
Deputy President William Ruto yesterday asked the court to dismiss a petition seeking his removal from office.
In his preliminary objection, Ruto argued that the court lacks jurisdiction to hear and determine the suit. He said the orders sought for his removal from office contravene Articles 150 as read with Articles 144 and 145 of the Constitution.
Through lawyer Elias Mutuma, Ruto argues that the suit fails the test of justiciability and ripeness, as the applicant is inviting the court to embark on an academic exercise, which is a waste of precious and scarce judicial time.
“The suit herein is incompetent and incurably defective both in form and in substance and is therefore untenable…it does not raise any triable issues for determination in that it has not disclosed any specific acts that are manifestly in breach of the law to warrant judicial intervention,” Ruto argues.
Constitutional mandate
The DP further argues that the petition is hopelessly bad and fatally deficient in both form and substance.
“It is in the public interest and in the interest of justice that the instant suit be dismissed with costs as the same is an abuse of court process,” he argues.
In the case, Mau Mau war veteran Mzee Michael Kirungia sued the Deputy President, claiming he was illegally using public funds to undertake his personal engagements as opposed to the constitutional mandate of deputising the president.
“The Deputy President has failed to perform the functions conferred by the Constitution and any other functions of president as the President may assign to him. To date the Deputy President is doing different functions against the oath he took before taking over the office of Deputy President,” Kirungia claimed in his petition.
