- In a Petition filed by Linda Jamii through its director Fred Ogola, the lobby claims the remarks made by Ruto amount to death threats.
- Additionally, Ogola says the President's remarks are in violation of the Constitution and the constitutional oath of office the he took when assuming the office.
Image: PCS
A lobby group has moved to court challenging the utterances made by President William Ruto on 'sugar cartels' claiming he is in violation of the Constitutional principle of the rule of law.
In a Petition filed by Linda Jamii through its director Fred Ogola, the lobby claims the remarks made by Ruto amount to death threats.
Additionally, Ogola says the President's remarks are in violation of the Constitution and the constitutional oath of office the he took when assuming the office.
They said the president committed as per the dictates of the constitution to at all times obey, preserve, protect and defend the constitution and all other laws of the country.
He stated in court documents that in the month of August 2023 or thereabouts, the President while on a tour of Kenya's sugar belt in the Western region of Kenya, accused certain cartels and barons in the sugar industry of sabotaging the government's plan of reviving and reforming the ailing sugar industry.
"The President, whose utterances were aimed at the two Rai brothers, told them to either leave Kenya, withdraw cases they have filed in court over the control and management of Mumias Sugar Company, go to jail or go to Heaven" he added.
The Petitioner further argues that the President's impugned utterances not only amount to death threats but also undermine the principles of the rule of law, and separation of powers, doctrines and the systems of checks and balances contemplated in the constitution.
Ogola adds that the President's comments if not retracted and an official unconditional apology proffered from the Presidency, will create a perception that undermines judicial independence by dint of it being the custodian of justice and due process in Kenya.
He said it will also see the rule of law disrespected without a recourse.
Further, he says, without prejudice to the foregoing, Jaswant Rai Singh has since withdrawn all three cases filed by his Company West Sugar Company Limited against Mumias Sugar Company Limited, after the President's utterances in Western Kenya.
"In the letter of withdrawal, Rai has stated that he has withdrawn the cases because he feels he’s been threatened with death, meaning that he has felt violated. That means that the President’s utterances cannot be taken as mere words. In law, it is not just what you do and say, but what others feel about what your actions and utterances are," Ogola argues.
The group wants the Court to issue a declaration that the utterances of the President undermine judicial authority contrary to Articles 48, 50(1) & 159 of the Constitution.
"A writ of mandamus be and is hereby issued directing and compelling the Respondent(Attorney General) to advise the President of the Republic of Kenya and/or the Presidency to proffer an unconditional public apology to the people of Kenya for the unfortunate utterances made during the tour of Kenya's sugar belt," he states in the petition.
He adds that failure of the President/Presidency to issue a public unconditional apology to Kenyans, the Honourable Court be pleased to direct Parliament to commence impeachment proceedings against the President for violating the Constitution.