Former Jubilee Party vice chairman David Murathe has directed Siaya Senator James Orengo and senior counsel John Khaminwa to seek a constitutional opinion on whether Deputy President William Ruto can contest the 2022 presidential election.
Murathe confirmed to the Star that Orengo and Khaminwa are preparing a detailed submission for the Constitutional Court, emphasizing the legal team’s belief in a strong argument against Ruto’s eligibility. "We are not going to the Supreme Court. Instead, we are going to the Constitutional Court first," he stated.
The legal challenge hinges on the claim that Ruto, as deputy president, has effectively served a decade in tandem with President Uhuru Kenyatta, who is ineligible for a third term. Murathe’s team argues that Ruto’s role as Kenyatta’s running mate constitutes indirect election, violating constitutional limits on consecutive presidential terms.
Legal analysis submitted to Murathe asserts that the presidency in Kenya is a shared executive role under Article 147, which designates the deputy president as the president’s principal assistant. This principle was demonstrated in 2014 when Kenyatta appointed Ruto as acting president for three days during ICC-related travel, granting him full presidential authority.
Ruto’s legal team has dismissed the claims, with the deputy president stating in London on February 8 that Murathe’s allegations "do not merit a response." Murathe, who resigned from the Jubilee Party in January 2019, has also accused Ruto of undermining party unity by sidelining candidates during 2017 nominations.
The constitutional debate centers on Article 148, which outlines the deputy president’s election process. Murathe’s lawyers argue that Ruto’s two five-year terms as deputy president would disqualify him from seeking the presidency under current legal interpretations.
