The Kenya Kwanza presidential candidate Ruto and Rigathi Gachagua, has filled a case to dismiss a petition that was filled earlier to block their swearing-in.
Considering the ongoing tallying process conducted by the Independent electoral and Boundaries Commission (IEBC), the Deputy President is on close ties with his opponent Raila Odinga.
Raila Odinga is running for presidential seat flag bearer under Azimio la Umoja One Kenya coalition.
Through lawyer Elius Mutuma, the two claims the case offends the doctrine of court. They also claimed the case is a wasted of precious and scarce time of the judiciary.
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On the other hand, lawyer Kibe Mwangi argue that the swearing in of the duo will be a violation of the constitution.
Kibe together with other eleven petitioners claim that Ruto and Rigathi Gachagua does not pass the integrity as outlined by chapter Six of the Kenyan Constitution.
“Given the provisions of Chapter Six of the Constitution, swearing in of the 1st and 2nd Respondents to office will constitute a flagrant violation of Articles 3, 4 and 10 of the Constitution.
“Unless and until this Honorable Court has determined the constitutionality of the registration and gazettement of the 1st and 2nd Respondents as candidates, it would amount to aiding and abetting illegalities if the Respondents are sworn into office in the event that they get elected.” The petition read.
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