High Court Dismisses a Petition Seeking to Remove Ruto from Office

The High Court on Thursday dismissed a petition seeking to have Deputy President William Ruto removed from office over alleged neglect of duty. 

While dismissing the petition filed by Michael Kirunga on behalf of Mau Mau war veterans, Justice Anthony Mrima said the court lacks jurisdiction over the matter, stating that the process of removing a sitting DP is a political process reserved for Parliament.

Kirungia wanted Ruto, who is eyeing the presidency in the August 9th elections, removed from office on grounds of abandoning his constitutional duties as the deputy president.

He accused the deputy president of violating Article 147 (1) (2) of the Constitution by failing to discharge his role as the principal assistant of the President and instead embarked on “self-assigned duties”. 

The petitioner also accused Ruto of gross misconduct, claiming that he has been attacking the government that he serves. 

He also wanted the court to restrain Ruto from using his office and his official residence to host and conduct meetings of the United Democratic Alliance (UDA) party.

In his response to the petition, Ruto argued that the court lacks jurisdiction to hear and determine the suit as it seeks orders for removal of the Deputy President from office in a manner that contravenes Articles 150 as read with Articles 144 and 145 of the Constitution.

Through lawyer Elius Mutuma, Ruto stated that the petition failed to raise any triable issues and did not disclose any specific acts that are manifestly in breach of the law to warrant judicial intervention.

"We submit that the only organ with the power to remove a sitting Deputy President from office is parliament through impeachment as provided for under Article 150 of the Constitution," Mutuma submitted.