The Supreme Court has dismissed a petition challenging Rigathi Gachagua’s eligibility to hold public office, as well as the planned inauguration of William Ruto as president and Gachagua as deputy president.
The applicants were seeking an order preventing the president-elect and his deputy-elect from being sworn in after being elected, according to the court.
Incoming Deputy President Rigathi Gachagua has been cleared to take office. Several political activists filed motions and petitions questioning Gachagua’s suitability as second in command.
They claimed that Gachagua’s integrity was tainted by corruption and mismanagement of public office.
However, the Supreme court threw out the petition stating that the case is incompetent
The petition was filed on August 8 by; Kenneth Njagi, Meshack Churchill, Jackson Mwalulu, Beatrice Kamau, Amos Wafula, Sophie Dola, Julia Wanjiku, James Maina, Simon Lokoma, Carolyne Ayitso, and Johnson Mwakaba, one day before the general election.
The seven-judge panel ruled that the petitioners’ reasons were incompetent.
“The Notice of Motion and Petition dated August 5, 2022 are incompetent for the reasons stated and are hereby struck out,” the court ruled, adding that “the objections raised by the first to fifth respondents in respect of the Notice of Motion dated August 5, 2022, and Petition dated 5th August 2022 are allowed.”
The petitioners wanted Gachagua removed from office for violating Chapter 6 of the Constitution, which deals with integrity.
“To wit: a declaration that the second respondent is unfit and unsuitable to hold the office of Deputy President as a result of his failure to comply with Chapter Six of the Constitution and Articles 99 (1) as read with Article 148 (1) of the Constitution,” the petition stated.
They also asked the court to rule that Gachagua’s nomination as a running mate was invalid.
Furthermore, the petitioners claimed that President-elect William Ruto broke the law by declaring Gachagua a candidate for deputy president in the August 9 elections.
Both the petition and the motion were dismissed as incompetent by the Supreme Court, which stated that “they are an abuse of the Court and should be struck out.”
