Petition Filed to Seek Referendum for Termination of Ruto and Gachagua’s Terms
Fourteen petitioners have approached the courts seeking to terminate the terms of President William Ruto and Deputy President Rigathi Gachagua through a popular vote in a referendum.
According to the petitioners, the conduct of Ruto and Gachagua during the anti-state protests has raised serious questions about their competence to effectively govern the nation.
The petition, in which Ruto and Gachagua are named as the first and second respondents, respectively, argues that the two leaders have failed to address the political crisis within constitutional confines, deploying Kenya Defence Forces (KDF) officers against peaceful protesters and abducting some demonstrators.
“The legitimacy crisis facing Kenya is so profound that the Petitioners contend and seek to have the tenure/terms of the 1st and 2nd Respondent—as President and Deputy President—terminated through a popular vote in a Referendum that should be held by the end of October 2024,” the petition reads.
“In a constitutional democracy, there can be no justification for the President to deploy the Kenya Defence Forces (KDF) to prevent unarmed citizens from protesting and picketing as guaranteed by Article 37 of the Constitution.”
The petitioners further accused the police of allowing “political thugs, saboteurs, agent provocateurs, and other goons” to infiltrate the Gen Z-led protests, causing mayhem in the nation.
“Given the brutality, abductions, and cold-blooded executions that the police have hitherto unleashed on protesters, it is important that orders be given to direct the Respondents to respect the human right of protesters, particularly the rights to life, personal safety, and human dignity,” the petitioners added.
They also questioned President Ruto’s decision to consent to the designation of Kenya as a non-NATO ally by the USA, arguing that the move was made without transparency. “Such a decision is potentially risky to Kenya’s National Security area and its non-aligned foreign policy,” they argued.
The petitioners demand that a five-judge bench hear the matters raised.
Amid the mounting pressure, President Ruto has faced calls for resignation from vexed protesters who lament the government’s failure to address corruption and accountability issues. In response, Ruto dismissed his entire Cabinet and announced austerity measures his government would undertake.
Ruto has nominated a new batch of Cabinet members, with some previous officeholders like Prof. Kithure Kindiki (Interior), Aden Duale (Defence), Alice Wahome (Lands), and Soipan Tuya (Forestry) retaining their former positions. In a notable shift, Ruto moved Tuya to the Defence Ministry and Duale to the Forestry docket. Additionally, former Trade CS Rebecca Miano has been nominated as Attorney-General, and former Energy CS Davis Chirchir for the Roads and Transport docket.
National Assembly Speaker Moses Wetangula has confirmed that all Cabinet nominees, including those reappointed, will undergo thorough vetting by Parliament.
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Petition Filed to Seek Referendum for Termination of Ruto and Gachagua’s Terms