President William Ruto and his former deputy Rigathi Gachagua are likely to battle in court after the former DP made a U-turn in a case initially filed to remove the duo from office through a referendum.
Former Deputy President Gachagua made a U-turn in a court case filed before High Court Judge Chacha Mwita after he made public his intention of dropping senior lawyer Fred Ngatia who was initially representing him alongside President Ruto, days after his impeachment.
Gachagua dropped Senior Counsel Ngatia saying that his interests have changed after he was impeached as the deputy president.
Before changing his mind, their lawyer had urged the court to dismiss the case for lack of proof of violation of the Constitution by the President and his then deputy.
Ngatia argued that there was no dispute before the court and instead stated that the issues raised were an academic exercise. According to him, only Parliament can kick out a President and his Deputy.
Former DP Gachagua has now hired the services of Echesa and Bwire Advocates to support the case filed by lawyer Kibe Mungai on behalf of Kenya Bora Tuitakayo Citizens Union and activists Cyprian Nyamwamu, Khelef Khalifa, and Prof. Fred Ogolla among others.
Case seeking to remove Ruto and Gachagua from office
In the case, Ruto and Gachagua were accused of violating the Constitution on 31 occasions since taking office in 2022.
Also Read: Gachagua Kicked Out of UDA
Gachagua has been on record urging the current administration not to overtax Kenyans.
Advocating for and implementing taxes and economic policies prescribed by the World Bank and the International Monetary Fund (IMF) that are averse to Kenyans were among the main issues that the group in the petition claim that the duo had failed to serve Kenyans diligently.
Among other issues raised are capturing Parliament, appointing Cabinets in breach of the two thirds gender rule and setting up a single e-Citizen pay bill.
Accusations
The duo was further accused of killings of protesters and entering into secret agreements with the US government, encouraging and inducing the defection of MPs to turn the Kenya Kwanza Alliance into the majority party in the National Assembly, and appointing state and public officials in an ethnically discriminatory manner.
“An order of mandatory injunction be issued to compel the Independent Electoral and Boundaries Commission (IEBC) to conduct a referendum to determine whether the tenure of President and Deputy President of the Republic of Kenya should be terminated on account of gross violation of the Constitution, abuse of power, incompetent governance and irreversible loss of public trust and legitimacy,” the petitioners urge the court.
Also Read: Court Gives Directions on Gachagua Appeal to Kick Out Judges
Also, the petitioners contend that by using Kenya Revenue Authority (KRA) to collect taxes in the counties, the president has undermined devolution.
In the case, the 14 petitioners sought several orders, including a declaration that the people of Kenya may terminate the terms of office of all elected officials in the exercise of their sovereign power under Article 1 of the Constitution.
The case is set for mentioning on Tuesday, November 12.
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