NAIROBI – The High Court will begin hearing a petition on October 29 that seeks to remove President William Ruto and his deputy, Rigathi Gachagua, through a referendum.
Justice Bahati Mwamuye set the date for highlighting submissions by both petitioners and respondents.
The case was filed by the Kenya Bora Tuitakayo movement on July 23, led by governance expert Cyprian Nyamwamu and 13 other civil rights leaders.
“We want Kenyans to decide whether Ruto and Gachagua should complete their terms or be removed for violating the constitution,” said Nyamwamu.
The activists are pushing for the Independent Electoral and Boundaries Commission (IEBC) to hold a referendum before the end of next month.
According to the petitioners, the President and his deputy have violated the rights of Kenyans and sabotaged the national economy through poor policies.
The petitioners have sued Ruto, Gachagua, the IEBC, and Attorney General, among others. Justice Mwamuye set the hearing date after all respondents replied as required.
Earlier, the Senate and the Attorney General’s office had raised preliminary objections to the petition.
They argued that the President and his deputy could only be removed through parliamentary impeachment.
“The Constitution allows for impeachment, not referendums, to remove a President and Deputy,” said the Attorney General’s lawyer.
However, lawyer Kibe Mungai, representing the petitioners, rejected this argument. “We are not challenging the mandate of Parliament in this petition,” Mungai said.
He added, “This petition seeks to punish Ruto and Gachagua for violating the constitution while controlling Parliament.”
Mungai argued that the “capture of Parliament” had left citizens with no option but to defend the constitution directly. “Kenyans have the right to exercise their power directly when Parliament fails,” he said.
Justice Mwamuye directed the respondents and interested parties who have not yet responded to file their submissions within seven days. The hearing will continue as planned.
