In a dramatic turn of events, just after forming a Government of National Unity with ODM Leader Raila Odinga, President William Ruto and his Deputy, Rigathi Gachagua, now face a significant threat to their administration. Fourteen Kenyans have filed a petition at the High Court in Nairobi, seeking orders to pave the way for a referendum aimed at ousting Ruto and Gachagua from office.
The petitioners have raised serious constitutional concerns, accusing the president and his deputy of violating the constitution through their handling of recent anti-government protests. Specifically, the petitioners allege that extrajudicial killings of protestors by police officers have occurred under the administration’s watch.
Further, the president has been faulted for deploying military officers against civilians during protests, an act the petitioners claim is unconstitutional. “In a constitutional democracy, there can be no justification for the President to deploy the Kenya Defence Forces (KDF) to prevent unarmed citizens,” the petitioners argued.
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The petition emphasizes the need for judicial intervention to prevent a socio-political crisis from spiraling out of control and to preserve the constitutional order. The unresolved economic crisis, exacerbated by the controversial Finance Bill’s withdrawal, has also been cited as a potential trigger for state collapse, with comparisons drawn to Sri Lanka, Lebanon, and Sudan.
Additionally, President Ruto has been criticized for his rhetoric, labeling protestors as saboteurs, treason mongers, and faceless anarchists, despite their demands for a better Kenya. This has fueled further discontent among the populace.
In their plea to the court, the petitioners have demanded authorization for a referendum to oust President Ruto and his deputy via a popular vote. They have also called for the annulment of the agreement between President Ruto and US President Joe Biden, which designates Kenya as a non-NATO ally of the US. Moreover, the petitioners are seeking a directive for the withdrawal of military officers from the streets during anti-government demonstrations.
This unfolding scenario presents a real challenge for President Ruto and his deputy, as the court’s decision could set a significant precedent in Kenya’s political landscape. As the nation awaits the High Court’s response, the political atmosphere remains charged with uncertainty and anticipation.