In an effort to prevent Deputy President William Ruto and his running mate Rigathi Gachagua from taking office if they win the August 9 presidential election, eleven petitioners have filed a case with the Supreme Court.
The petitioners want the duo prevented from taking office if they are deemed winners by the Independent Electoral and Boundaries Commission (IEBC) due to integrity concerns in a matter that has been certified under a certificate of urgency.
By Friday, August 26, the petitioners ask the Supreme Court to provide guidance.
“That pending hearing and determination of this Petition, the honourable Court be pleased to issue an order conservatory injunction to restrain the first and second respondents from being sworn into offices of President and Deputy President respectively in the event that they get elected during the General Election scheduled for August 9, 2022,” the petition reads in part.
The 11 petitioners defended their decision to submit the action under a certificate of urgency by claiming that the court’s failure to issue a direction prohibiting Ruto and Gachagua from taking office if they won the elections on August 9 amounted to aiding illegalities.
“Unless the court hears and determines the constitutionality of the registration and gazettement of the 1st and 2nd Respondents as candidates, it amounts to aiding and abetting illegalities if they are sworn into their respective offices in the event they get elected,” read part of the petition.
When you read this petition filed in the Supreme Court, you then realise that Justice Maina's judgement against Hon Rigathi Gachagua was part of a grand scheme by azimio to scuttle Hon Ruto and his running mate's bid for the 5th! @Kenyajudiciary pic.twitter.com/lLTQ1o9mmW
— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 7, 2022
The 11 seek to safeguard the principles, values and objectives enshrined in Chapter Six of the 2010 promulgated constitution.
Other respondents listed in the case include Azimio la Umoja, Agano Party, Roots Party Kenya and the Ethics and Anti-Corruption Commission of Kenya (EACC).
The petition comes just days after a group of other activists moved to court to block Gachagua from holding public office due to integrity issues.
The activists argued in their suit that Gachagua is unfit to hold public office in the wake of a recent ruling of the High Court, directing him to forfeit Ksh202 million to the government over graft.
“An order be and is hereby issued compelling the IEBC to vet and ensure that all persons it clears to view at the 9th August 2022 General Election and in subsequent elections…are persons who satisfy moral and ethical requirements prescribed by the constitution or by an Act of Parliament,” the petition read in part.
On his part, the Kenya Kwanza running mate dismissed the petitions arguing that the recent court ruling was a political witch hunt.
