Friday, November 23, 2012

Court: Uhuru, Ruto integrity case to proceed


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Deputy Prime Minister Uhuru Kenyatta (left) and Eldoret North MP William Ruto during a rally at Nairagie Enkare, Narok County, On November 15, 2012. Photo/CORRESPONDENT
Deputy Prime Minister Uhuru Kenyatta (left) and Eldoret North MP William Ruto during a rally at Nairagie Enkare, Narok County November 15, 2012. A court has declined to stop proceedings in a case challenging the integrity of Mr Kenyatta and Mr Ruto to contest the presidency November 23, 2012.   NATION MEDIA GROUP
By PAUL OGEMBA
Posted  Friday, November 23  2012 at  12:18
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A court has declined to stop proceedings in a case challenging the integrity of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP Wiliam Ruto to contest the presidency.
The three-judge bench of Justices Isaac Lenaola, Mohammed Warsame and Lady Justice Philomena Mwilu also declined to withdraw from the case.
There have been calls for Justice Warsame and Lady Justice Mwilu to stop hearing the case after they were appointed to the Court of Appeal.
However, the two are yet to be sworn in as Appellate judges and technically remain High Court judges.
The judges set hearing for November 29.
The court dismissed an application by a group of petitioners who wanted the case stopped pending their appeal to enjoin Prime Minister Raila Odinga and Vice President Kalonzo Musyoka in the main lawsuit.
Initially, the High Court had allowed Mr Odinga, Mr Musyoka and the Deputy Prime Minister Musalia Mudavadi to be included in the case but the later removed the names.
But two activists wanted the hearing and determination of the petition stopped until an appeal they have filed against the striking out of the names of three is heard and determined.
Serious criminal charges
The case seeks an order to restrain the Independent Electoral and Boundaries Commission (IEBC) from accepting the nomination of any candidate who has been committed to trial for serious criminal charges under the Kenyan and International law.
Mr Kenyatta and Mr Ruto, who are facing charges of crimes against humanity at the International Criminal Court (ICC), have said they will contest the presidency during the March 4, 2013 General Election.
The petitioners in the case at the High Court sought an interpretation of Chapter Six of the Constitution on Leadership and Integrity claiming that the candidature of Mr Kenyatta and Mr Ruto would be a recipe for chaos and perpetuate the culture of impunity in the country.

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