- On Tuesday, October 22, President William Ruto contested the impeachment case against Rigathi Gachagua
- In his application, the president claimed that the High Court has no jurisdiction to deal with issues reserved for the Supreme Court
- Gachagua was brought to court after the Senate voted to support the impeachment motion passed by the National Assembly
Nairobi – President William Ruto has opposed the case filed by Rigathi Gachagua against his removal from power.
Source: UGC
Why does William Ruto want the Gachagua case to be dismissed
In a preliminary objection filed before a three-judge bench, Ruto he claimed that the Supreme Court has no jurisdiction to hear Gachagua's request.
According to the president, the case against the removal of the vice president was reserved for the Supreme Court.
“According to Article 165 (5) (a) of the Constitution, the Honorable Court cannot decide whether the application was reviewed and/or grant the requested application, as it is a matter reserved exclusively for the authority of the Supreme Court. issued and presented, it violates Article 140, which is read together with Articles 148 and 149 of the Constitution, whose provisions fully support the Supreme Court, the authority to decide disputes arising from the presidential election process,” Ruto said.
In addition, Ruto's legal team said that civil and criminal cases cannot be opened in any court against the President or a person performing the duties of the office of the President during their tenure in relation to anything done or not done under the Constitution of the Republic of Union of Tanzania. Kenya 2010.
The President asked the three-judge bench to dismiss Gachagua's petition, maintaining that it was flawed and misused by judicial processes.
“The fact that the petition herein has been submitted to this Honorable Court by not following the law, is an abuse of due process of the court, so it cannot be counted and/or decided by this Honorable Court. null and void ab initio for violation of the mandatory provisions of the law,” he added.
Why did Rigathi Gachagua go to court?
At the same time, the former president of the Local Lawyers Association (LSK) Nelson Havi defended Gachagua's move to oppose his acquittal in court.
In his Twitter message on Monday, October 21, Havi pointed out that Gachagua's action was not about him wanting to continue serving as deputy president.
According to the former boss of LSKGachagua is only fighting the legal consequences of the impeachment case.
Havi argued that the former MP for Mathira would officially resign if the High Court overturned his removal or could continue his battle to the Supreme Court.
What you should know about the Gachagua impeachment case
Judge Chacha Mwita on Friday, October 18, stopped the process of appointing Kindiki as the new deputy president until the case filed by the embattled Gachagua is heard and decided.
The Kerugoya High Court refused to overturn the orders of the conservatives that prevented Kithure Kindiki from assuming the Office of the Deputy President.
Immediately after the Senate approved the sacking of Rigathi Gachagua, President William Ruto sent the nomination of the outgoing Home Affairs Minister Kithure Kindiki to the National Assembly.
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