Deputy President William Ruto and his running mate in the 2022 General Election, Rigathi Gachagua have moved to court, filing a preliminary objection to a petition that sought to block their swearing-in if they are elected.
The duo claims that the case before the Supreme Court is an abuse of court process. They argue that it’s jurisdiction has been invoked prematurely and wrongly.
Through lawyer Elius Mutuma, they claim the case offends the doctrine of exhaustion as regards the avenuesof recourse available on the Rules of Procedure on Settlement of Disputes.
They further argue that the case fails the test of justiciability and ripeness as the Petitioners are inviting the court to embark in a speculative venture 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,”reads the court papers.
Meanwhile, through lawyer Kibe Mungai, 11 petitioners argue that the swearing-in of Ruto and Gachagus would be a violation of the Constitution.
They claim that the two do not pass the integrity test as enshrined in Chapter Six of the Constitution.
“Given the provisions of Chapter Six of the Constitution, swearing in of the 1st and 2nd Respondents to office will constitute a flagrant violation of Articles 3, 4 and 10 of the Constitution,” reads the petition.
“Unless and until this Honourable Court has determined the constitutionality of the registration and gazettement of the 1st and 2nd Respondents as candidates, it would amount to aiding and abetting illegalities if the Respondents are sworn into office in the event that they get elected.”