President
William Ruto's lawyers have withdrawn from Impeached Deputy President Rigathi
Gachagua's case.
Led by lawyer Kamotho Njenga, the lawyers cited that President Ruto cannot be subjected to civil proceedings.
"We shall no longer be acting for the sixth respondent of this matter and to that effect, we have filed a notice to cease action on account of the Supreme Court decision, that determined that the President cannot be subject to civil proceedings," Njenga said.
"So in that regard, we will not be able to act contrary to an express court order and we have therefore filed a notice to cease acting and we ask the court to deem that to be a sufficient notice that the person named as the sixth person is now not represented in these proceedings."
He said they have filed a notice to cease acting for the sixth respondent who will remain unrepresented.
Kamotho spoke when he and other lawyers appeared before the three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi on Thursday.
Kamotho stated that Ruto's move to join Gachagua's case is against the law of the country.
On Tuesday, Ruto, through his lawyers, protested the High Court's decision to hear the case on Rigathi Gachagua's impeachment.
Ruto said the High Court has no authority to hear and determine petitions challenging Gachagua's impeachment.
The President opposed a suit filed by David Mathenge and four others at Kerugoya Court.
In the case filed by the five, Ruto appears as the sixth respondent in the case.
On Wednesday, Justices Ogola, Mrima and Mugambi dismissed an application by Gachagua and other petitioners who were challenging the validity of their appointment by Deputy Chief Justice Philomena Mwilu to hear some of the cases.
The bench said they do not find any fault in the DCJ assigning them the matters before the court, more so when the honourable Chief Justice has not raised any red flag.
It was their finding that the constitutional function of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform.