BY SAM ALFAN.
A group of activists have moved to court calling for a referendum to determine whether President William Ruto and his Deputy Rigathi Gachagua should remain in office.
In a case certified as urgent the 13 activists want the court to direct the Independent Electoral and Boundaries Commission (IEBC) to conduct a referendum to determine whether the tenure of Kenya Kwanza administration should be terminated.
The activists allege that the government had committed gross violation of the constitution, abuse of power, incompetent governance and irreversible loss of public trust and legitimacy.
Cyprian Nyamwamu,Khalif Khelef of Mombasa based Haki Africa, Capt. Paul Rukaria, Esther Mwikali, Naomi Baraza, Prof. Fred Ogolla, Muthiora Kariara, Patrick Paddy ,Mike Memusi,Daisy Amdany and Kimani Mithamo filed the case under the Kenya Bora Tuitakayo Citizens Association.
“A declaration be issued to declare that the terms of office of the President and Deputy President of the Republic of Kenya may be terminated by the people of Kenya in exercise of their sovereign power under Article 1 of the Constitution through a referendum supervised by the IEBC,” seeks the activists.
The activists want the court to declare that the terms of office of the President and his Deputy are predicated upon their several and joint fidelity to their respective oaths of office, fidelity to the Constitution and willful consent, public trust, favor and legitimacy in the eyes and opinion of the people of Kenya.
“A declaration be issued to declare that under Articles 165 and 258 of the Constitution the High Court is vested with jurisdiction to determine whether Ruto and Gachagua have violated the Constitution in any way, breached their respective oaths of office and to determine whether there is reasonable cause to believe that they have lost the willful consent, public trust, favor and legitimacy to serve for the remainder of their respective terms as President and Deputy President,” state in their constitutional petition before High Court.
They claim that President Ruto has violated his oath of allegiance he took on 13 September, 2022 to obey, preserve and defend the constitution and all the laws of the Republic.
“A declaration be issued to declare that President has violated the oath of due execution of office of the President which he took on 13 September, 2022 in failing to discharge his duties diligently or competently and to do justice to all the people of Kenya without fear, favor, affection or ill will,” activist seeks.
Regarding President Ruto to USA, the activist want the court to declare that the head of State violated Articles 1, 2 and 50 of the Constitution by entering into a secretive treaty with President Joe Biden of the USA.
The deal made Kenya a non-NATO ally of the USA without the public participation or consent of the people of Kenya and approval of Parliament, they argued.
They are further seeking orders to quash the deal between Kenya and USA.
“A declaration be issued to declare that the president violated Articles 10, 12, 73 and 131(2) of the Constitution and the oaths he took on 13 September, 2022 in making a secret agreement with the government of the United States of America to establish a military airfield or airport in Lamu County at no specified benefit to Kenya and its people,” the activists sought.
It is their argument that President Ruto has abused his power by deploying police officers to evict, intimidate and harass residents of Ndabibi area of Nakuru County in respect of private land.
They further seek court to declare President’s move to nominate and appointment the newly vetted CS nominee Alice Wahome, Aden Duale and Kipchumba Murkomen as Cabinet Secretaries in September, 2022 violated the principles of public finance set out in Article 201 of the Constitution.
They also want the High Court president has no power to nominate and appoint a person suspected of committing gross human rights violations as Cabinet Secretary for the Ministry of Interior and National Administration or for any other cabinet position.
It is their position that court should declare Speaker of the National Assembly Moses Wetangula has violated Articles 94(4), 95(2) & (5) and 107 of the Constitution by aiding and abetting Ruto’s violation of the Constitution by facilitating and enabling the nomination and appointment of the Prof. Kindiki ,Duale and ODM MP Opiyo Wandayi as Cabinet Secretaries.
