{UAH} Lawyer who wanted Ruto sworn in as president skips court
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Lawyer who wanted Ruto sworn in as president skips court
THURSDAY, OCTOBER 9, 2014 - 00:00 -- BY PETER NG'ETICH
THE city lawyer who filed a case seeking Deputy President William Ruto's swearing in as the fifth President of Kenya did not turn up in court on Thursday.
Felix Kiprono was to prosecute his legal coup case before High Court judge Isaac Lenaola at Milimani in Nairobi but he was conspicuously absent when the file was called out.
Kiprono filed the suit on Tuesday as a human rights lawyer seeking orders to compel Chief Justice Willy Mutunga to swear Ruto in. His allegation was that Uhuru resigned on Monday before heading to The Hague for his ICC status conference on the case of crimes against humanity following the 2007/8 post election violence.
In his affidavit, Kiprono said there would be a constitutional crisis if Mutunga did not comply.
He said Uhuru, by word and deed, resigned from the presidency during his address to both the National Assembly and the Senate and wanted a court order to compel Mutunga to discharge his constitutional functions.
"The President's acts and omissions openly showed that he surrendered the instruments of power to his DP, supported by written speeches to the Speakers of the National Assembly and the Senate," said Kiprono.
Kiprono named Attorney General Githu Muigai as the first respondent in the case and Mutunga as the second.
He argued that Ruto as president would finish the remainder of Uhuru's first term as the transfer of powers to Ruto could not be reversed.
Deputy solicitor general Muthoni Kimani who was present for the case said she will file for for its dismissal due to the petitioner's absence.
"Your honour, I will be filing grounds of opposition to the petition and have the matter dismissed," she said.
Lenaola directed that the case be fixed for hearing on October 27 and a notice for hearing be issued to Kiprono.
Kiprono could not be reached on his mobile phone on Thursday.
The filing of the case generated immense comments on social media, some dismissing Kiprono as a busy body seeking attention.
Uhuru said he had chosen to preserve Kenya's sovereignty by appearing before the court as an individual and not as a president, before temporarily handing his powers over to Ruto.
Legal experts, including the chairman of the Constitution implementation commission, Charles Nyachae, however pointed out that Uhuru did not have to cede his powers to Ruto. They argue that Uhuru remained president even with Ruto as Acting President
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