- The petitioners cited the case in which a High Court ruling ordered the outgoing Mathira MP to forfeit Sh202 million to the state.
- They want the court to issue directions ensuring that the petition is heard and determined by August 26.
A group has moved to the Supreme Court to stop UDA presidential candidate William Ruto and his running mate Rigathi Gachagua from being sworn in if they win Tuesday's election.
In the case, 11 petitioners have challenged the candidature of Ruto and Gachagua on integrity grounds.
The petitioners, in their court papers, say the DP nominated Gachagua to be his running mate, despite the heavy baggage of criminality on his shoulders.
They cited the case in which a High Court ruling ordered the outgoing Mathira MP to forfeit Sh202 million to the state.
Through lawyer Kibe Mungai, the petitioners sa the petition seeks to safeguard and enforce the principles, values and objectives of the Constitution, including Chapter Six and its application to the eligibility of candidates for president and deputy president.
They want the court to issue directions ensuring the petition is heard and determined by August 26 on the basis that Ruto and Gachagua may be sworn into office in the event they get elected during the Tuesday's polls.
“It is imperative that the validity of the nomination of Gachagua is determined before Ruto and Gachagua are sworn into office if elected,” Kibe said.
It is their argument that the DP is sued by his failure to nominate a candidate for deputy president in accordance with Article 148(1) of the Constitution.
Kibe said when Gachagua was nominated, the Mathira MP was facing criminal charges, which included conspiracy to commit an offence of corruption, fraudulent acquisition of public property, money laundering and acquisition of proceeds of crime.
The lawyer said the Independent Electoral and Boundaries Commission did not submit the name of Gachagua to the Ethics and Anti-Corruption Commission for necessary vetting.
Kibe further said by its resolutions contained in the press release dated June 4, the electoral agency effectively declined to vet and verify Gachagua’s eligibility to be a candidate for the deputy president during the polls.
“It is the contention of the petitioners that for a valid presidential ticket, both the candidates for presidents and deputy president should satisfy the requirements of articles 99, 137 and 148,” Kibe said.
The activists said that in default of one or both candidates satisfying the said requirements, the nomination of the both candidates would be invalid.
(edited by Amol Awuor)