Fresh case to bar Ruto, Gachagua from office if they win
A new suit was yesterday lodged at the Supreme Court seeking to stop Deputy President William Ruto and his running-mate Rigathi Gachagua from being sworn-in to their respective electoral offices should they win the presidential election.
In the documents, 11 petitioners are seeking an order to bar the two politicians from ascending to power if declared winners by the Independent Electoral and Boundaries Commission (IEBC) due to integrity issues.
“Pending hearing and determination of this petition, the court be pleased to issue an order to restrain Ruto and Gachagua, listed as respondents, from being sworn into offices of President and Deputy President, respectively, in the event that they get elected during the General Election,” the petition reads in part.
The petitioners — led by Kenneth Njagi Njiru, Meshach Suba Church, Jackson Mwalulu and Beatrice Kamau – want the Supreme Court to give directions on the suit to ensure the case is heard and determined before Friday, August 26, 2022.
Through lawyer Kibe Mungai, the petitioners argue that unless the court has determined the constitutionality of the registration and gazettement of Ruto and Gachagua as candidates, it would amount to aiding and abetting illegalities if they are sworn into office.
“Given provisions of Chapter Six of the Constitution, swearing in of Ruto and Gachagua will constitute a ‘fragrant violation’ of Article 3,4 and 10 of the Constitution, “ they argue.
The petition comes just days after same petitioners lodged a suit in the High Court to block Gachagua and thirteen other politicians from participating in the elections over claims that they are tainted.