The Constitutional Court has issued orders stopping all public debate on whether deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto can vie for presidency following confirmation of charges facing them at the International Criminal Court (ICC).
Justice Isack Lenaola on Thursday issued the orders after three voters Mr Patrick Njuguna, Mr Augustino Netto, Mr Charles Omanga and two civil society organisations; Kenya Youth Parliament and Kenya Youth League moved to court seeking orders to bar the candidates from contesting for presidency.
” In view of the fact that this court is now seized of the question whether Uhuru and Ruto are qualified or not to run for presidency, the court is now sub judice and all persons and authorities enjoined should not discuss the matter in public failure to which the court may take such action against them”, ruled Justice Lenaola.
In a suit filed at the High Court in Nairobi, the petitioners had argued that allowing Uhuru and Ruto to run for public office would be a recipe for chaos.
Through their advocate, Mr Anthony Oluoch, they further claimed that allowing Uhuru and Ruto to run for presidency would amount to perpetuating a culture of impunity. The petitioners are also seeking orders to bar Independent Electoral Boundaries Commission (IEBC) from accepting nomination or election of any candidate accused of committing serious offences under the International law or Kenyan law until they are cleared.
The petitioners also argue that the candidature of Uhuru and Ruto is a threat to the Constitution.
They want the court to determine whether the decision by the two to vie for presidency, despite confirmation of charges against them in The Hague-based court, would be a threat to the Constitution.
Further, they want the court to determine whether presumption of innocence in favour of the two persons overrides the overwhelming public interest to ensure protection and upholding the principles of the Constitution.
The petitioners also want the court to declare that presumption of innocence of the two does not override public interest.
The petition came after the ICC pre-trial judges confirmed charges against Uhuru, Ruto and former Head of Civil Service Francis Muthaura and radio journalist Joshua Arap Sang.
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