A group of Kenyan activists has petitioned the High Court to halt the implementation of a secret deal between President William Ruto and the US administration, which designates Kenya as a non-NATO ally of the United States.
The activists, led by Cyprian Nyamwamu, seek to suspend Ruto’s covert decision to allow the US government to build and operate a military airfield or airport in Lamu County on the Kenyan coast.
In May, US President Joe Biden announced the elevation of Kenya to the status of “major non-NATO ally,” making it the first sub-Saharan African nation to receive this designation.
However, Nyamwamu and his fellow activists argue that this decision lacks transparency and offers no clear benefits to the Kenyan people. They contend that such a designation could pose risks to Kenya’s national security and disrupt its non-aligned foreign policy.
Nyamwamu and his co-petitioners are particularly concerned about Ruto’s decision to collaborate with the US and NATO allies in trying suspects of terrorism and piracy in Kenyan courts and potentially incarcerating them in Kenya.
They argue that the alleged secret agreement between Ruto and US officials, which permits the construction of a military airfield in Lamu County, is unjustified and should be halted.
In their petition, the activists call for a court declaration that Ruto violated Articles 1, 2, and 50 of the Kenyan Constitution by entering into a secretive treaty with President Biden without public participation, consent from the people of Kenya, or approval from Parliament. They argue that the deal breaches constitutional requirements and undermines democratic processes.
The activists have requested that the High Court issue an order quashing the deal, asserting that President Ruto violated several constitutional articles and the oaths of office he took on September 13, 2022. They have urged Chief Justice Martha Koome to assemble a bench of five judges to address these critical issues.
Additionally, Nyamwamu and his associates believe that Kenyans should have the right to decide whether Ruto and Deputy President Gachagua should remain in office for the remainder of their terms through a referendum supervised by the Independent Electoral and Boundaries Commission (IEBC). They are pushing for this plebiscite to be held before the end of October.
Furthermore, the activists seek a declaration from the High Court that Ruto violated his oath of allegiance and Article 76 of the Constitution by accepting gifts from foreigners, including paid-for jet hire and fuel costs during his state visit to the US in May 2024.
The petitioners argue that the terms of the President and his deputy depend on their fidelity to their oaths of office, adherence to the Constitution, and the public’s trust and legitimacy. They contend that any breach of these principles undermines their positions and demands legal scrutiny and redress.
