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William Ruto
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Ruto's mounting legal and political battles

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President William Ruto.

Photo credit: Wilfred Nyangaresi | Nation Media Group

President William Ruto is caught up in increasing legal and political battles with the case of his impeached deputy Rigathi Gachagua being the latest.

Coupled with other legal challenges including on the controversial award of multibillion-shilling government contracts to Adani Group, the removal of office of Mr Gachagua through impeachment has only set in stage fresh, vicious legal contests in court.

Mr Gachagua has questioned why his removal from office was being hurriedly done when the constitution offers 74 days, being 14 days the president has to inform parliament of his nominee for replacement and 60 days the National Assembly has to consider the name.

“The framers of the constitution allowed 74 days for this process, yet it happened in just half a day. This rush appears to circumvent justice and prevent the courts from examining the matter,” he said.

But even after winning the case on Housing levy after High court on Tuesday ruled that it was constitutional, the legal battle appears headed to the court of Appeal after Dr Magare Gikenyi and other petitioners vowed to challenge the verdict.

Last week, a judge was forced to adjourn a hearing of a case challenging plans by the Ruto-led Kenya Kwanza government to lease the Jomo Kenyatta International Airport (JKIA) to Adani Group after scores of people jammed the virtual hearing shouting “Adani Must Go!” and “JKIA is not for sale.”

The roll-out of the Social Health Insurance Fund (SHIF) also remains in limbo as the High court is expected to decide whether to suspend it temporarily, a move that would deal a major blow to the project.

President Ruto had on Sunday assured that in two weeks’ time, SHIF will be efficient, adding that employees of the defunct National Health Insurance Fund (NHIF) will not lose their jobs.

Early this month, the president suffered yet another blow after High court temporarily suspended the new universities and colleges’ education funding model after three organisations challenged it on grounds that it is unconstitutional and has created confusion at institutions of higher learning.

Justice Chacha Mwita directed the Ministry of Education to halt the model, known as Variable Scholarship and Loan Funding (VSLF), pending determination of the petition.

The president is also under pressure from MPs over the entrenchment of the National Government Constituencies Development Fund (NG-CDF) into the constitution after the High court in September declared it unconstitutional.

A three-judge bench consisting of Justices Kanyi Kimondo, Mugure Thande and Roselyn Aburili agreed that the law was unconstitutional, but could not agree as to when the allocation and programmes funded through NG-CDF should cease.

President Ruto’s and opposition chief Raila Odinga’s teams had agreed to entrench CDF into the constitution following the deliberations under the National Dialogue Committee (Nadco).

But away from the legal challenges facing the Head of State, he is also under intense political pressure in light of the removal of his deputy Gachagua from office by impeachment.

Dr Ruto finds himself in a precarious position after nomination of Prof Kithure Kindiki to replace Mr Gachagua, even as a section of leaders from Mt Kenya region insist the move will not endear the region back to his fold.

Nyeri Governor Mutahi Kahiga termed the move to impeach Mr Gachagua as an affront to the people of Mt Kenya region, warning of dire political consequences.

“Nobody should lie to the president that with whatever is happening to our son, he is still popular here as he used to be. That motion is an attack on the people of Mt Kenya region with serious consequences,” Mr Kahiga warned.

Political analysts say that the Head of State will be scaling a slippery Mt Kenya region ahead of his re-election campaigns in 2027, with the possibility of Gachagua impeachment effects upsetting his re-election plans.

This, would make him seek for new partners particularly in the Western Kenya bloc and probably replace Prof Kindiki as his running mate, a move that could further eat into his remaining support base in Mt Kenya region.

Political analyst Martin Oloo argues that president Ruto “has worked very hard to find himself where he is.”

“I think he loves when things are chaotic that’s why he has opened many war fronts. He wants to take on his deputy, the opposition and anybody who would disagree with him. This is the making of a dictator and it will come with serious political consequences,” Mr Oloo told Nation.Africa.

President Ruto got a huge chunk of votes from Mt Kenya region to defeat opposition chief Raila Odinga in the 2022 presidential election, and losing it could force him to seek fresh coalitions.

In Mt Kenya East which has Meru, Embu and Tharaka Nithi counties, president Ruto secured 398,946, 187,981 and 145,081 votes respectively totaling to 732,008 votes against Mr Odinga’s 103,679, 31,209 and 15,062 votes respectively, a total of 149,950 votes.

In Mt Kenya West which has Nyandarua, Nyeri, Kirinyaga, Murang’a and Kiambu counties, President Ruto got a total of 1,632,788 votes against Mr Odinga’s 423,295 votes.

Dr Ruto secured 189,519, 272,507, 220,984, 343,349 and 606,429 votes in Nyandarua, Nyeri, Kirinyaga, Murang’a and Kiambu respectively while Mr Odinga had 49,228, 52,052, 37,909, 73,526 and 210,580 votes in that order.

In Nakuru and Laikipia counties, Dr Ruto managed 455,864 and 119,142 votes respectively against Mr Odinga’s 226,052 and 48,908 votes.

Insiders in the president’s camp told Nation.Africa that the Head of State will be forced to seek for new partnerships particularly with Mr Odinga, and to galvanize his relationship with Prime Cabinet Secretary Musalia Mudavadi and Ford Kenya leader Moses Wetang’ula to be able to secure the Western vote bloc.

Mr Mudavadi, who is one of the people whose names emerged in the Gachagua succession plan had already agreed to fold his Amani National Congress (ANC) party to join president Ruto’s United Democratic Alliance (UDA).

Mr Odinga’s party ODM has on the other hand maintained that it was still in the opposition and that it has no formal agreement with UDA yet, even though its top leaders were coopted in the Kenya Kwanza cabinet in July.