The High Court has dismissed a petition seeking the removal of Deputy President William Ruto from office for gross misconduct and failure to perform his duties.
High Court Judge Antony Charo Mrima, said the application raises matters which are not justiciable and the Court cannot, therefore, assume jurisdiction of the same.
“In Article 145, the Constitution provides for the process of impeachment. The process is squarely within Parliament and it is a self-executing one. As such, the application suffers a false start. Simply put, there are no issues for determination by the Court,” He said.
The petitioner Michael Kirungia sought to have Ruto removed as the Deputy President of Kenya for gross misconduct and restrained from utilizing the offices of the Deputy President and his official residence home in Karen as meeting venues for the UDA affairs and campaigns.
Kirungia argued that DP Ruto he not been performing the functions conferred by the Constitution and any other functions of the President as the President may assign.
“The Deputy President is illegally using Public Funds conducting his own assignment of U.D.A meetings country wide for 2022 Presidential Election Campaign instead of doing the function assigned to him by the President,” He argued.
Justice Mrima however argued that the Constitution provides an elaborate procedure on how the Deputy President may be removed from office.
“In this matter, the Applicant sought the removal of the Deputy President on the basis of Article 150(1)(b) of the Constitution. The provision is on the removal of the Deputy President by way of impeachment,” He ruled.
By Fred Odanga Azelwa.