Attorney General Prof Githu Muigai has been barred from representing President Uhuru Kenyatta and his deputy William Ruto in a case challenging their eligibility to hold the highest offices.
Justice Isaac Lenaola ruled that Prof Muigai had no role representing the two given that the petitioner, Mr Isaac Aluochier had sued them in their private capacities as leaders of political parties.
“Mr Kenyatta and Mr Ruto are presently part of government but the actions complained of touch on their past as officials of political parties and ministers in the government. Those actions cannot be termed to be of national government to attract representation by the AG,” ruled Justice Lenaola.
Judge Lenaola said that the AG’s appearance in the case was irregular and any responses he had filed in the case were illegal.
NO LEGAL BASIS
He added that Prof Muigai’s contention that Mr Kenyatta and Mr Ruto’s official and personal status are fused is far-fetched and without any legal basis.
“An example is their on-going trial at the International Criminal Court where they are facing those charges as individuals. They are represented in those proceedings by private counsels and not the Attorney General,” ruled Justice Lenaola.
He added that although the AG is appointed under the constitution as the chief legal adviser to the government, he has no discretion to provide legal services to the executive except in those matters which have impact on government interests.
Mr Aluochier in his petition wants President Kenyatta and his deputy stripped of holding the top jobs in the country claiming that they are in office illegally.
He argued that prior to becoming president, Mr Kenyatta was the Kanu Chairman and continued to hold the position of Deputy Prime Minister until his election contrary to provisions of the Constitution and the Elections Act which bars public officers from contesting elective posts.
“Mr Ruto also, prior to becoming Deputy President, was both the Deputy Party Leader of Orange Democratic Movement and Minister for Higher Education, Science and Technology between August 2010 and August 2011 contrary to the provisions that he should have resigned,” said Aluochier.
BARRED FROM CONTESTING
He argued that by the two holding both the offices of appointed Ministers in the Cabinet and political party offices, they were public officers and should have been barred from contesting in the last general elections.
Mr Aluochier wants a declaration made that Mr Kenyatta and Mr Ruto are not qualified to hold the offices of President and Deputy President respectively or any other State offices.
He also wants them ordered to pay general damages amounting to the cost of holding a presidential by-election, and to refund the salaries and allowances they received as State officers over the period they have been in office.
Mr Aluochier had objected to the two being represented by the AG arguing that he had sued them in their personal capacities as former officials of their parties.
Justice Lenaola agreed with him ruling that, whereas the AG is enjoined to uphold public interest, his role was limited to “advocate” in such matters since he cannot import the basis of public interest to represent the two.
He directed Mr Aluochier to serve Mr Kenyatta and Mr Ruto with the petition to enable them appoint private lawyers to represent them when the case comes for hearing on August 29, 2014.
Posts
No comments:
Post a Comment