The former Gatanga MP David Murathe has pledged to block Ruto from running for President “because he is unfit and would have served for 10 years jointly with President Kenyatta who will not be eligible for another term”.
The former Jubilee vice chairman has instructed Siaya Senator James Orengo and senior counsel John Khaminwa to get an advisory opinion from the Constitutional Court on whether DP William Ruto can run for President in 2022.
Murathe argued that the two are working on a comprehensive filing that will be presented to the court for advice.
“We are not going to the Supreme Court. Instead, we are going to the Constitutional Court first,” Murathe said on Thursday.
Murathe has already obtained a preliminary opinion from the lawyers who have told him that there is a highly viable and persuasive argument that the DP is barred from the 2022 race.
The lawyers argue that the DP is elected into office ‘indirectly’ by virtue of being the running mate of the President.
Thus, the presidential mandate in Kenya is exercised by both the President and Deputy President. “Indeed, the apex of the executive arm of Kenya’s Government is entitled ‘The Presidency’, which comprises both the President and the Deputy President,” the lawyers say in their opinion to Murathe.
Murathe’s lawyers also argue that the presidency is shared between Uhuru, in accordance with Article 147 of the Constitution, which makes the DP the President’s principal assistant in execution of the President’s functions.
“Article 147 has been invoked by Kenyatta during his first term. This happened in October 2014 when the President appointed Ruto as the Acting President for three days while he attended the status conference at the International Criminal Court,” the lawyers said.
Uhuru and Ruto were facing charges of crimes against humanity at the Hague.