Fourteen petitioners have approached the court to terminate the terms of President William Ruto and Deputy President Rigathi Gachagua through a popular vote in a referendum.
The petitioners argue that the conduct of the two leaders during recent anti-state protests raises serious concerns about their competence to govern effectively.
The petition accuses Ruto and Gachagua of failing to manage the political crisis within constitutional boundaries, including deploying Kenya Defence Forces (KDF) officers against peaceful protesters and allegedly abducting some demonstrators.
“The legitimacy crisis facing Kenya is so profound that the Petitioners contend and seek to have the tenure/terms of the 1st and 2nd Respondent as President and Deputy President – terminated through a popular vote in a Referendum that should be held by the end of October 2024,” the petition states.
In the petition, the petitioners highlight the misuse of KDF against unarmed citizens, emphasizing that such actions contradict the constitutional guarantee of the right to protest and picket as outlined in Article 37.
“In a constitutional democracy, there can be no justification for the President to deploy the Kenya Defence Forces (KDF) to prevent unarmed citizens from protesting and picketing as guaranteed by Article 37 of the Constitution,” the petition argues.
The petitioners further criticize the police for allowing “political thugs, saboteurs, agent provocateurs, and other goons” to disrupt the protests led by the Gen Z movement, resulting in chaos and violence.
They call for directives to ensure the respondents respect the protesters’ human rights, particularly the rights to life, personal safety, and human dignity.
“Given the brutality, abductions, and cold-blooded executions that the police have hitherto unleashed on protesters, it is important that orders be given to direct the Respondents to respect the human right of protesters particularly the rights to life, personal safety, and human dignity,” the petitioners state.
Additionally, the petitioners question Ruto’s decision to accept the designation of Kenya as a non-NATO ally by the USA, citing a lack of transparency and potential risks to national security and Kenya’s non-aligned foreign policy.
“Such a decision is potentially risky to Kenya’s National Security area and its non-aligned foreign policy,” the petition notes.
The petitioners demand that a five-judge bench be appointed to hear the case.
Meanwhile, protesters have called for President Ruto’s resignation, citing government corruption and lack of accountability.
Under pressure, Ruto dismissed his entire Cabinet and announced austerity measures, nominating a new batch of Cabinet members with some familiar faces like Prof.
Kithure Kindiki, Aden Duale, Alice Wahome, and Soipan Tuya, albeit with reassignments.
National Assembly Speaker Moses Wetangula confirmed that all nominees, including reappointed ones, will undergo a thorough vetting process by Parliament.
Add Comment