President William Ruto has challenged the High Court's jurisdiction to hear impeachment cases filed by ousted Deputy President Rigathi Gachagua.
In a notice dated October 20, President Ruto's lawyer, Adrian Kamotho Njenga, argued that the High Court cannot hear and determine the cases as such a matter was reserved for the Supreme Court.
"The honorable court lacks jurisdiction to entertain the instant petition for reasons that, by dint of Article 165 (5) (a) of the Constitution, the honourable court cannot determine the petition as canvassed and/or grant the prayers sought, being a matter reserved for the exclusive jurisdiction of the Supreme Court," Kamotho argued.
This comes after the impeached Deputy President moved to court to block nominated deputy president Kithure Kindiki from being sworn into office.
The Head of State, through his lawyer, argued that it was an abuse of the court process.
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"The Petition violates the provisions of Article 143 (2) of the Constitution as and the express order of the Supreme Court at paragraph 2117 (iv) of the decision in Attorney-General & 2 others v Ndii & 79 others; Dixon & 7 others (Amicus Curiae) (Petition 12, 11 & 13 of 2021 (Consolidated)) [2022] KESC 8 (KLR) (31 March 2022) (Judgment), to the effect that civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office in respect of anything done or not done under the Constitution of Kenya 2010," the lawyer stated in court documents.
President Ruto, who has been named as the fifth respondent, argues that under the Constitution of Kenya 2010, civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office.
Petitioners Peter Kamotho, David Mathenge, Grace Mwangi, Clement Muriuki, and Edwin Kariuki moved to court to block DP-nominee Kithure Kindiki from assuming office.
