Uhuru, Ruto integrity suit faces hurdles

By Wahome Thuku                          

A legal showdown awaits the hearing of three joint suits challenging the suitability of Jubilee Alliance presidential candidate Uhuru Kenyatta and his running mate William Ruto to hold public office.

The consolidated cases, to be heard by five judges this morning, are already facing legal hurdles prompted by the decision of Independent Electoral and Boundaries Commission (IEBC) to clear Uhuru and Ruto for the March 4 elections.

Another obstacle arises from gazettement of new rules on Monday, which now mandates the Supreme Court to hear disputes arising from nomination of presidential candidates and their running mates by IEBC.

Four NGOs, the Centre for Policy and Conflict, Kenya Human Rights Commission, International Commission of Jurists Kenya and Public Corruption, Ethics and Governance Watch, have filed the petitions.

Petitions rules

The respondents are Uhuru, Ruto, Attorney General, IEBC and a Mr James Gesami, while The National Alliance is an interested party.

The cases, which are now the only obstacle on Uhuru and Ruto’s path to the ballot, seek a declaration that Uhuru and Ruto’s candidature is contrary to the spirit of Chapter Six of the Constitution. But under the new Presidential Election Petitions rules developed by the Judiciary, the Supreme Court is mandated to hear and determine petitions challenging the validity of a presidential candidate’s nomination.

TNA, through lawyer Kibe Mungai has filed an objection arguing the High Court has no jurisdiction to entertain a case. 

Lawyer Lempaa Soyianka, representing one of the petitioners, said they would ask the court to determine its own powers in light of the new law.