NAIROBI, Kenya Jan 10 – Activist Okiya Omtatah has filed a petition seeking the resignation of Deputy President William Ruto before nominations for the next election.
In his suit papers, Omtatah contended that the constitution is categorical that governors, cabinet secretaries, MCAs, other state officers would have to resign by nomination date before being eligible to be nominated as presidential candidates.
“The petitioner urges the court to note that the article concerns the nomination of candidates and not their election,” he stated.
The activist who filed the suit at the Milimani Law courts on Monday further indicated that under the constitution, any public officer including a sitting deputy president, governor, deputy governor “cannot be nominated as a presidential candidate.”
“A declaration be and is hereby issued that any public officer must vacate office before nomination as a presidential candidate,” Omtata said.
He also asked the Court to give a declaration that a sitting president, a sitting deputy president, a sitting governor, and a sitting deputy governor cannot be elected to elective positions other than the ones they currently hold.
The Human Rights activist wants the Court to issue an order quashing Section 43(5), (5A) and (6) of the Elections Act, 2012 because it does not state the reasons for limiting the ability of public officers to vie for political office.
He added the Section in the Elections Act contravenes Article 24 of the Constitution which expressly requires that legislation limiting rights must be reasonable and justifiable and must state the intention to limit that right or fundamental freedom, and the nature and extent of the limitation.
“The petitioner is also aggrieved that, to the extent that it does not facilitate but denies eligible public servants the right to stand for election, Section 43(5) and (5A) of the Elections Act, 2012 contradicts the provisions of Article 83(3) of the Constitution, which requires that administrative arrangements for the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to stand for election,” he explained in his affidavit.
If Omtatah is successful in his petition, Deputy President Ruto and future holders of the office who wish to succeed the President will have to resign from office at least 120 days before the General Election.
