Ruto’s Lawyers Pull Out Of Gachagua Impeachment Case
On Thursday, President William Ruto’s lawyers withdrew from the ongoing court case involving former Deputy President Rigathi Gachagua’s impeachment.
President Ruto’s lawyer, Adrian Kamotho Njenga, argued before the three-judge bench of Justices Eric Ogolla, Anthony Mrima, and Fredah Mugambi, that the Head of State’s appearance violated the law.
In his argument, Njenga cited a previous Supreme Court decision that stated that the president could not be enjoined in any legal proceedings, including the one filed by the former deputy president.
Njenga informed the court that a notice had already been filed seeking to remove President William Ruto from further involvement in the matter. Ruto was listed as the sixth respondent.
“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,” noted Kamotho Njenga.
Gachagua impeachment: Lawyer Adrian Kamotho informs court he has ceased representing President William Ruto, argues the president cannot be sued in person. pic.twitter.com/UlQwvCRVcD
— KTN News (@KTNNewsKE) October 24, 2024
“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 person is now not represented in these proceedings”
On Tuesday, October 22, the Head of State, through his lawyers, protested the High Court’s decision to hear the impeachment case against Rigathi Gachagua.
Ruto contended that the High Court lacked the authority to hear such a case and that the Supreme Court should handle the matter.
“The Petition herein filed in this Honorable Court in clear disregard of the law is a misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court,” read part of the notice by President Ruto’s lawyer to the court.
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Ruto was forced to intervene when impeached Deputy President Rigathi Gachagua went to court to prevent nominated DP Kithure Kindiki from being sworn in and taking office.
Following the application, High Court Judge Chacha Mwita issued conservatory orders that prevented Kithure Kindiki from being sworn in.
According to Justice Chacha, the petition raised important constitutional issues that should be heard by a panel of judges appointed by Chief Justice Martha Koome.
“Due to the issues raised and the urgency of the matter, a conservatory order is hereby issued, staying the implementation of the resolution of the Senate upholding the impeachment charges against the petitioner,” read the court order.
Ruto’s Lawyers Pull Out Of Gachagua Impeachment Case
