Flamboyant politician and businessman Stanley Livondo filed a case in court that could see Deputy President William Ruto barred from contesting for the Presidency in the 2022 General Election.
Livondo argued that a number of sections in the Constitution of Kenya 2010 suggest that a serving deputy president or cabinet secretary cannot vie to become head of state in a subsequent general election.
He maintained that by virtue of Article 148 (6) (A) of the Constitution, a sitting deputy President having served two consecutive terms could not be allowed to run for president in a subsequent poll.
Attorney-General Paul Kihara Kariuki was named as a respondent in the case.
“The petitioner has a vested interest in ensuring that the values and law stated in the Constitution of Kenya are respected, upheld and defended,” noted his lawyer John Khaminwa.
The politician nicknamed ‘Mr Moneybags’ argued that the Executive referred to the President, Deputy President and the Cabinet and therefore all its members could not be nominated as presidential candidates in the subsequent election.
He further sought clarification on the wording of a section that notes that the deputy president assumes office and is not elected to office.
In addition, Livondo wants the court to pronounce itself on Articles 130(1), 131(1) (b), 137 (2) (b) and (3) and 148 (6) (A and B) to do with the qualification criteria for candidates running for president.
Livondo wants the court to declare that a sitting deputy president can assume the office of the president only under conditions provided in Articles 139 (1) and 146 (2, 3 and 4) of the Constitution.
The politician also wants it declared that the current members of the national executive as per Article 130 (1) of the constitution individually including past cabinet secretaries prevented from taking up any roles in national or county governments in future elections.
Former Jubilee Vice-Chairman David Murathe had declared in 2019 that they would move to court to stop Ruto from running for President in 2022.
“Tutaenda hadi Supreme Court. Sisi hatucheki na watu (We will head to the Supreme Court, we are not joking with anyone),” he stated at the time.