Ruto drops out of Gachagua’s impeachment petition

By Peter Ochieng

President William Ruto has withdrawn from a case challenging the impeached Deputy President Rigathi Gachagua’s removal from office.

Appearing before Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi on behalf of the Head of State, lawyer Adrian Kamotho Njenga Njenga said that Ruto was not supposed to join the case in the very first place.

He referred to a previous Supreme Court judgement, which directed that the President could not be enjoined to any legal proceeding.

He said a notice had already been filed, seeking to discontinue President William Ruto from the case.

The Head of State had been listed as the sixth respondent from the ongoing court case.

"My Lord with your kind permission, I wish to bring to the attention of the court that we shall no longer action for the sixth respondent in this matter, and to that effect we have filed a notice to cease acting on account of the Supreme Court decision that determined that the President cannot be subject to civil proceedings," he said.

"So, in that regard, we will not be able to act contrary to an express court order and we have therefore filed a notice to cease acting and we ask the court to deem that to be a sufficient notice that the person named as the sixth respondent is now not represented in these proceedings."

President Ruto had earlier protested the move by the High Court to hear Gachagua’s petition. He argued that the impeached DP was removed from office by Parliament – an arm of the government.

As such, he said Gachagua’s move to take his fight to the Courts was a waste of Judiciary’s time.

"The petition herein filed in this Honourable Court in clear disregard of the law is a misuse of the due process of court, hence cannot be countenanced and determined by this Honourable Court," read part of the notice by the President.

Ruto nominated Kithure Kindiki to replace Gachagua. Court cases have halted his swearing in.