President William Ruto’s lawyers on Thursday dropped out of the ongoing court case touching on former Deputy President Rigathi Gachagua’s impeachment.
While appearing before the three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi, President Ruto’s lawyer Adrian Kamotho Njenga argued that the Head of State’s appearance was inconsistent with the law.
In his argument, Njenga referenced a previous Supreme Court judgement that ruled that the president could not be enjoined in any legal proceedings such as the one filed by the former deputy president.
Njenga informed the court that a notice had already been filed seeking to remove President William Ruto from further participation in the case. Ruto had been listed as the sixth respondent.
“My Lord with your kind permission, I wish to bring to the attention of the court that we shall no longer action for the sixth respondent in this matter and to that effect we have filed a notice to cease acting on account of the Supreme court decision that determined that the president cannot be subject to civil proceedings,” noted Kamotho Njenga.
“So in that regard, we will not be able to act contrary to an express court order and we have therefore filed a notice to cease acting and we ask the court to deem that to be a sufficient notice that the person named as the sixth person is now not represented in these proceedings”
On Tuesday, October 22, The Head of State, through his lawyers, protested the decision by the High Court to hear the caseon the impeachment of Rigathi Gachagua.
Ruto argued that the High Court had no powers to hear such a case and that the matter should be a preserve of the Supreme Court.
“The Petition herein filed in this Honorable Court in clear disregard of the law is a misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court,” read part of the notice by President Ruto’s lawyer to the court.
Ruto was forced to intervene after impeached Deputy President Rigathi Gachagua moved to court to stop nominated DP Kithure Kindiki from being sworn in and assuming office.
Following the application, High Court Judge Chacha Mwita issued conservatory orders stopping Kithure Kindiki’s swearing-in. According to Justice Chacha, the petition raised pertinent constitutional questions that needed to be heard by a bench of judges appointed by Chief Justice Martha Koome.
“Due to the issues raised and the urgency of the matter, a conservatory order is hereby issued, staying the implementation of the resolution of the Senate upholding the impeachment charges against the petitioner,” read the court order.
