BY SAM ALFAN.
Deputy President William Ruto and his running mate Rigathi Gachagua has urged Supreme Court to dismiss twelve activists petition seeking to block their ascension to state House
Through a Preliminary objection, DP Ruto and his running mate wants the Supreme Court strike out the case against them terming it as an abuse of court process and amount to forum shopping since they had filed a similar case before High Court.
They said the twelve activist were inviting the Apex Court to embark on a speculative venture which is a waste of precious and scarce judicial time.
DP Ruto and Gachagua terms the suit as incompetent and incurably defective both in form and in substance and is therefore untenable.
Gachagua has told the Supreme Court he was legally nominated as William Ruto running mate with fully compliance and having fulfilled all conditions under the law and petitioners did not institute a pre-election dispute.
The two UDA party politicians said there is no constitution provisions nor any Kenyan law which serves to render William Ruto nomination as presidential candidate unlawful merely on account of nomination of Rigathi Gachagua as the candidate of Deputy President.
DP Ruto said he has not violated any law in nominating Gachagua as his runningmate.
Twelve activists filed an urgent petition at the Supreme Court seeking to block them from being sworn in if they win just concluded election.
Activist said the matter should be determined urgently before the UDA candidates are sworn into office, in case they will the just concluded General Election.
“Unless and until this court has determined constitutionality of the registration and gazettement of Deputy President William Ruto and his running mate Rigathi Gachagua as candidate, it would amount to aiding and abetting illegality of the respondents once sworn into office in the event that they get elected,” the petition states.
The activists include Meshack Suba, Jackson Mwalulu, Amos Wafula, Sophie Dola, Julia Chege,James Maina, Simon Lokoma and Caroline Ayitso.
They argued that the validity of Gachagua nomination is subject matter of the petition before High Court and ought to be determined before the two are sworn into office.
