, NAIROBI, Kenya, Oct 26 – The hearing of the Leadership and Integrity case against Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto has been postponed to next month following a fresh application.
The case against the two politicians stalled after civil society activist Patrick Njuguna lodged an application seeking to stop the proceedings temporarily pending an intended appeal.
Njuguna said he is dissatisfied with the decision by justices Mohammed Warsame, Issac Lenaola and Philomena Mwilu to strike out an amended petition which enjoined Prime Minister Raila Odinga, Vice President Kalonzo Musyoka and Deputy Prime Minister Musalia Mudavadi.
Through Weda and Company advocates, Njuguna contends that the removal of the said politicians has left the petition bare and cannot deal with the issue of leadership and integrity adequately.
In the application, Njuguna says the main thrust of the petition is to deal with the question of integrity on the five prominent Kenyans who are also leading contenders for the Presidency in the forthcoming general elections.
“Issues raised in the amended petition joining the trio is weighty, sensitive and ought to be looked at, investigated and a determination made,” he states.
It is his argument that to proceed with the petition in its current form will prejudice the petitioners and make them appear to be acting in a discriminatory manner in matters of integrity.
Justice Isack Lenaola was told the question of integrity ought to be dealt with once and for all and simultaneously against all the leading candidates.
“It is in public interest to look at all the issues raised in the amended petition and further amended petition comprehensively and hear all the respondents on each of the claims,” Njuguna argued through his advocate.
Justice Lenaola directed the petitioner to serve his application on all the nine parties who have been named before November 23 when the application will be argued.
Initially, Njuguna together with Charles Omanga and Ndihwa MP Augustino Netto filed the petition against Kenyatta and Ruto days after the International Criminal Court (ICC) confirmed crimes against humanity charges against them in March.
Netto has since disowned the amended petition joining the trio saying it is an attempt to settle political scores through the courts.
The three men moved to court seeking interpretation as to whether their candidature for the presidency would breach the provisions of chapter six on leadership and Integrity.