Politician Stanley Livondo, popularly known as Mr Money Bags, wants the Deputy President William Ruto barred from vying in the next General Election.
In his suit against the Attorney-General, Mr Livondo claims that several sections in the Constitution imply that a deputy President and Cabinet Secretaries in Kenya cannot vie as Head of State in a subsequent General Election.
Mr Livondo alleges that the current deputy President and Cabinet Secretaries have made it known that they intend to seek to be nominated as presidential candidates in 2022.
The politician is also seeking a determination on the wording of the Constitution on the part of the deputy President being one who assumes office but not elected into office. Mr Livondo wants the court to declare that some sections of the Constitution imply that a sitting deputy President cannot stand for nomination as a presidential candidate.
He alleges that since the Executive refers to the President, his deputy and those in the Cabinet, they all cannot stand for nomination as presidential candidates.
“The petitioner has a vested interest in ensuring that the values and law stated in the constitution of Kenya is respected, upheld and defended,” said his lawyers from Khaminwa & Khaminwa Advocates.
In the case documents, Mr Livondo argues, that duties and functions of the President are easily transferred to the deputy President hence the two serve as a single unit as per various sections of the constitution.
He also argued that by virtue of Article 148 (6) (A) of the Constitution, a sitting deputy president who has served two consecutive full terms should be barred from standing for nomination as a presidential candidate.
He wants the court to interpret and determine Articles 130(1), 131(1) (b), 137 (2) (b) and (3) and 148 (6) (A and B) of the Constitution which relate to the qualification and disqualification of persons intending to vie as presidential candidates.
He wants it declared that Article 148 (6) (B) can be interpreted to mean that a sitting deputy president will assume office of president only under conditions provided in Articles 139 (1) and 146 (2, 3 and 4) of the Constitution.
He also wants it declared that the role of the current persons in the national executive as per Article 130 (1) of the constitution, individually including past cabinet secretaries collectively cease to have any role in the national or county governments in future polls.
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