A Mau Mau war veteran has sued in the High Court in Milimani, Nairobi, seeking to remove Deputy President William Samoei Ruto from office.
In the suit filed under a certificate of urgency, Mzee Michael K. Kirungia claims Dr Ruto has abdicated his constitutional roles as the principal assistant to the President and embarked on “self-assigned duties”.
“The deputy party leader of Jubilee and who is the principal assistant of the President of the Republic of Kenya has failed to do the function of the Deputy President as the principal assistant of the president,” Mr Kirungia says in court papers.
“(The) DP is illegally using public funds in conducting his own assignments of meeting UDA members and conducting the 2022 presidential election campaign instead of doing the functions of the office of the DP assigned to him by the President.”
Dr Ruto is accused of violating Article 147 (1)(2) of the Constitution by failing to discharge his roles as Deputy President and as the principal assistant to the President.
“The Deputy President should be removed from office for gross misconduct because he is accusing the government he serves as the Number Two in command,” he argues.
Mr Kirungia also claims that Dr Ruto has committed a crime under the Oaths and Statutory Declaration Act Cap 15(II) Laws of Kenya.
The DP is also accused of violating Article 148(5) under the National Oaths and Affirmations Third Schedule.
The court has also been asked to declare that Dr Ruto has breached Article 150 (1)(b) (i)(ii)(iii) of the Constitution on the Code of Conduct prescribed for a Deputy President.
Mr Kirungia wants the court to restrain him from using the Office of the Deputy President and the official residence to conduct meetings of the United Democratic Alliance (UDA) party.
He says the DP is advocating the ideals of another political party and should thus be presumed to have resigned.
The court was told that the DP is engaging in countrywide campaigns to popularise UDA, the party that is sponsoring him to gun for the presidency.
Mr Kirungia accuses the DP of gross misconduct, claiming he was attacking the government that he is serving.
“The Deputy President William Ruto has failed to perform the functions conferred to him by the Constitution,” Mr Kirungia claims.
The DP is also accused of illegally using public funds and resources to campaign for President ahead of the August 9 elections.
“Unless the orders sought are granted, the public is going to suffer irreparable loss and damage,” Mr Kirungia argues.
He wants the court to restrain DP Ruto from using his office and his official residence to host UDA events pending the determination of case.
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