Fourteen petitioners, represented by the Migeria Lempaa & Kariuki Advocates firm, have filed a case seeking the removal of President William Ruto and Deputy President Rigathi Gachagua from office.
The petition outlines six key reasons for their removal, as detailed in a court document.
The petitioners argue that both Ruto and Gachagua have problematic backgrounds and have undertaken harmful socio-economic actions that have triggered widespread civic unrest. This unrest first became apparent with the rejection of the Finance Bill and led to the dissolution of the Cabinet.
They assert that Ruto and Gachagua have shown a lack of good faith in addressing the grievances of the current generation.
The petition highlights this lack of good faith through several examples, including the reappointment of members from the dismissed Cabinet and the continued implementation of an increased fuel levy by the Kenya Roads Board, despite its public withdrawal by former Transport Cabinet Secretary Kipchumba Murkomen.
‘Ruto Must Go’
The petition states, “Little wonder that the protesters claim they have lost faith in the Presidency of William Ruto and Rigathi Gachagua, hence their mantra and cry ‘Ruto Must Go!’ This clamor is widespread among a broad cross-section of Kenyans.”
The petitioners note that the terms of office for the President and his Deputy can be terminated either through impeachment proceedings in Parliament or directly by the people via a referendum. They contend that Kenya faces an existential threat due to the incapacity, unwillingness to act effectively, and incompetence of the Kenya Kwanza government.
The petitioners believe that the legitimacy of Ruto and Gachagua to remain in power is in question, which necessitates a referendum to allow Kenyan citizens to decide their fitness for office.
Parliament Capture
According to the advocate, the petitioners chose the direct route to remove Ruto and Gachagua because of the government’s significant influence in Parliament.
“Given the capture of Parliament by President Ruto and his Kenya Kwanza Coalition, the petitioners have invoked the direct avenue to remove President Ruto and Deputy President Gachagua through the exercise of the sovereign power of Kenyans in a referendum that should be held by the end of October 2024. This is the principal issue in this petition, whose hearing should be expedited as a matter of the highest national priority,” the petition adds.
Linda Mama
The activists also accuse the government of discontinuing the Linda Mama Program and reducing capitation funding for free primary education. They argue that the government’s ability to address the country’s challenges is rapidly declining, leading to the diminishing legitimacy of the Kenyan Presidency to effectively manage the state and the nation.
The document states, “As a result of the multiple deficiencies of the 1st and 2nd Respondents as President and Deputy President of Kenya, the country has experienced widespread, incessant, and passionate public protests against bad governance. These protests, led by the Generation Z youthful protesters, demand a reorientation of governance in Kenya and the re-establishment of government in accordance with the principles, values, and ideals of the Constitution of Kenya, 2010.”
The petitioners claim that the current government’s legitimacy is eroding as it struggles to uphold constitutional order without resorting to military deployment or state-sponsored low-level terrorism. They seek judicial intervention to prevent the escalating socio-economic and political crisis from worsening and to safeguard the constitutional order.
“It is evident that an unaddressed economic crisis, dramatically highlighted by the rejection of the Finance Bill 2024, could swiftly lead Kenya toward a state collapse similar to Sri Lanka, Lebanon, or Sudan,” the petitioners concluded.
