President William Ruto (left) and his Impeached deputy Rigathi Gachagua.
A group of activists seeking a referendum to determine whether President William Ruto should remain in office wants to be allowed to amend the petition to remove former Deputy President Rigathi Gachagua from the case.
The activists led by Mr Cyprian Nyamwamu said it was necessary to amend the petition following the removal of Mr Gachagua as the deputy president, who has since been replaced by Prof Kithure Kindiki.
“That the removal of Hon Rigathi Gachagua as deputy president of Kenya has affected the subject matter of our petition in such a fundamental manner that it is necessary to amend the same to target the removal of HE Hon William Ruto as the President of Kenya,” Mr Nyamwamu said in the application.
The petitioners, including Mr Nyamwamu, Khalif Khelef, Janet Muthoni Ouko, Paul Rukaria and Esther Mwikali argue that the rapidly diminishing capacity of the government to address the challenges facing Kenyans and the attendant diminishing legitimacy of the Kenyan presidency to steward the affairs of the Kenyan state and nation, calls for a referendum.
Legitimacy crisis
“The legitimacy crisis facing Kenya is so profound that the Petitioners contend and seek to have the tenure of the 1st and 2nd respondents- 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 stated.
The petitioners have questioned the capacity of the government during the periods of socio-economic and political crises and the diminishing legitimacy of the current government to uphold the constitutional order without resort to military and state-sponsored low-level terrorism.
“This petition seeks judicial intervention to prevent the current socio-econo-political crisis from spiraling out of control and to preserve the constitutional order,”Mr Nyamwamu said in a statement.
Dr Ruto has sought the dismissal of the petition arguing that the activists were agitating for the amendment to the Constitution disguised as a petition.
Dr Ruto further said the 14 activists and lawyers have failed to demonstrate with precision the alleged violations or the particulars of the alleged complaints or the manner of the alleged infringements.
The petitioners, including lawyers and civil society activists, allege that there is an obvious need for a referendum be called in order to afford Kenyans an opportunity to determine the fitness of current government to remain in office.
“Whereas the petitioners have raised issues regarding policy decisions of the Executive arm of government among them tax and economic policies as well as agreements between the government and IMF, it has not demonstrated the manner in which the policy decisions have violated the Constitution and the nature of injury caused by the policy decisions to the petitioners,” President Ruto had stated in reply.
Through lawyer Kibe Mungai, the petitioners allege that as a result of the multiple deficiencies of the government, the country has experienced widespread, incessant and passionate public protests against bad governance led by generation Z (Gen Z) demanding a re-orientation of governance in Kenya and re-establishment of government.
