A constitutional petition seeking a referendum to remove President William Ruto and Deputy President Rigathi Gachagua from office has taken a crucial turn. Hon. Justice Bahati Mwamuye, presiding over HCCHRPET E356/2024 Cyprian Nyamwamu & others vs President William Ruto & others, today set the 29th of October 2024 as the date for highlighting submissions by all parties involved in the case.
This petition, filed by 14 civil rights leaders led by Cyprian Nyamwamu, spokesperson of the Kenya Bora Tuitakayo Citizens Union, argues that both President Ruto and his deputy have violated the Constitution and undermined the sovereignty of Kenya. The petitioners contend that the duo has also sabotaged the national economy through misguided policies and engaged in actions that require urgent constitutional redress.
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Advocate Kibe Mungai, representing the petitioners, vehemently opposed the preliminary objections raised by the Attorney General (AG) and the Senate. The AG and Senate argue that the Constitution only allows the removal of a sitting president and deputy president through parliamentary impeachment. However, Mungai maintained that the petition was not challenging the constitutionality of impeachment but was aimed at holding the President and his deputy accountable for their alleged violations.
Mungai argued that Parliament, having been “captured” by the executive, has become ineffective, leaving citizens with no other option but to defend the Constitution through direct action—specifically, a referendum.
“The Constitution is not powerless in the face of violations; it requires citizens to defend it by exercising their sovereign power directly,” he remarked, dismissing the objections from the AG and Senate as “bogus.”
The petition calls for a referendum to remove both President Ruto and Deputy President Gachagua from office. Nyamwamu, speaking on behalf of the petitioners, urged Kenyans to reject efforts focused solely on impeaching Gachagua, stating, “The principal enemy of our Constitution, sovereignty, and rule of law is President Ruto, with Gachagua as his assistant in these violations.“
The respondents have requested to be re-served with the petition, and those who filed preliminary objections requested that these objections be prioritized. In response, the court issued several directions, including re-service of the petition by the petitioners and a timeline for filing responses and submissions.
The petitioners have called for a strong public turnout at the upcoming court session to demonstrate national support for the restoration of constitutional governance and the rule of law.
This case, which has drawn significant public attention, could potentially alter Kenya’s political landscape, as the court deliberates on the fate of the country’s top two political leaders.
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