Deputy President William Ruto has urged the court to throw out a case seeking his removal from office and eviction from the deputy president’s official residence in Karen.
Ruto, through his lawyer Elias Mutuma argued that the court did not have the jurisdiction to hear and determine the suit.
According to Ruto, the manner in which the suit seeks to remove him from office contravenes Articles 150, as read with Articles 144 and 145 of the Kenyan Constitution.
He further said the suit fails the test of justiciability and ripeness, which would only waste the court’s time.
"The suit herein fails the test of justiciability and ripeness as the applicant is inviting the court to embark on an academic exercise, which is a waste of precious and scarce judicial time," Ruto argued.
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The DP also said the case is incompetent, defective and untenable, adding that the case hardly raises any triable issues for determination since it is yet to substantiate the breach of law claims.
"The suit is hopelessly and haplessly bad and fatally deficient in both form and substance," Ruto’s lawyer argued.
The High Court directed Ruto to file a response within five days to the petition after the petitioners in the case informed Justice Ong’udi that Ruto had acknowledged receipt of the suit papers when the case came up for direction.
The Mau Mau veterans from the Central region led by Michael Kariuki Kirungia moved to court in March to seek the removal of the DP from office.
The veterans accused Ruto of violating Article 147 (1) (2) of the Constitution by failing to discharge his roles as the deputy president and Article 148 (5) under the National Oaths and Affirmations Third Schedule.
They also accused the DP of committing a crime under the Oaths and Statutory Declaration Act Cap 15 (II) laws of Kenya.
They opined that unless the orders are granted; the public is going to suffer irreparable loss and damage.
