Former Jubilee Vice Chair and President Kenyatta's defacto spokesman David Murathe has instructed Siaya Senator James Orengo and senior counsel John Khaminwa to get an advisory opinion from the Constitutional Court on whether DP William Ruto can run for President in 2022.
His contention is that having served with Uhuru for two terms, he is effectively time barred from going for the presidency.
According to Murathe, an argument many laywers have said is either valid or the constitution is silent on, by the fact that Ruto could become president for any of the reasons stipulated in the constitution, he is a silent president who has already served his two terms.
“We are not going to the Supreme Court. Instead, we are going to the Constitutional Court first,” Murathe told the Star.
The lawyers argue that the DP is elected into office ‘indirectly’ by virtue of being the running mate of the President.
Thus, the presidential mandate in Kenya is exercised by both the President and Deputy President. “Indeed, the apex of the executive arm of Kenya’s Government is entitled ‘The Presidency’, which comprises both the President and the Deputy President,” the lawyers say in their opinion to Murathe.
Aside from the huge corruption cases facing Ruto, this would be another legal setback he will have to invest time and resources to defend his right to vie for the presidency.
When you reflect, these are similar hurdles the duo faced prior to the 2013 elections. Only time will tell how this would turn out.