Mwilu to pick judges for Ruto swearing-in case

Written by on 18 August 2022

Deputy Chief Justice Philomena Mwilu is expected to set up a Bench to hear a petition seeking to stop President-elect William Ruto and his deputy Rigathi Gachagua from being sworn-in.

The moves come after Supreme Court Registrar Bernard Kasavuli forwarded the file to Mwilu’s office last Friday to enable her appoint judges in a petition lodged by 11 petitioners.

“The file is referred to the Deputy Chief Justice to constitute a Bench for hearing and determination of the application on record. Once the decision of the court is made parties will be notified on the same,” Kasavuli said. 

Petitioners Kenneth Njagi Njiru, Meshach Suba Church, Jackson Mwalulu and Beatrice Kamau filed the suit on August 7 seeking an order to bar the two from being sworn in citing integrity issues.  But Ruto and Gachagua have  opposed the suit and informed the Supreme Court that the orders would not serve any useful purpose as they had been overtaken by events. The party has also asked the apex court to strike out the case saying it is bad in law and an abuse of the court process. 

“Both the Petition and Notice of Motion application fail the test if justiciability and ripeness at the petitioners are inviting the court to embark in a speculative venture which is a waste of precious and scarce judicial time.

“The issues sought to be canvassed through the instant petition have also been presented to the High Court by the same petitioners. They are engaging in a horrendous forum shopping venture,” UDA says through lawyer Elias Mutuma.

Sh200m seized

The petitioners says they seek to safeguard the principles, values and objectives enshrined in Chapter Six of the Constitution.  

“Ruto nominated Gachagua to be his running mate despite heavy baggage of criminality on his shoulders,” the petitioners state in court papers.

The petitioners are citing the recent decision by the High Court to allow the Asset Recovery Agency (ARA) to seize his Sh200 million alleged to be proceeds of crime. 

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