Deputy President William Ruto has opposed a case filed some Mau Mau veterans seeking his removal from office.
The petitioner Michael Kirugia accuses Ruto of not performing his constitutional duties as the principal assistant to the President.
Through lawyer Elius Mutuma, Ruto argues that the court lacks jurisdiction to hear and determine the suit as the same seeks orders for his removal from office in a manner that contravenes Articles 150 as read with Articles 144 and 145 of Constitution of Kenya 2010.
“The case does not raise any triable issues for determination in that it has not disclosed any specific acts that are manifestly in breach of the law to warrant judicial intervention,” said DP William Ruto in his preliminary objection.
Further, Mutuma argues that the case fails the test of justiciability and ripeness as the applicant is inviting the court to embark in an academic exercise which is a waste of precious and scarce judicial time.
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In addition, the court heard that the same is incompetent and incurably defective both in form and in substance and is therefore untenable.
In the case, Kurugia accused Ruto of gross misconduct. He claimed the DP was using public funds to conduct UDA meetings.
The case will be heard on 19th May 2022.
