High Court Drops President Ruto From Suit Seeking Referendum on His Removal
President William Ruto has been struck out as a respondent in a high-profile constitutional petition seeking to trigger a public referendum on his removal from office, after the High Court ruled that the Head of State cannot be sued in his personal capacity while in office.
In a decision delivered on Thursday, the Court held that President Ruto enjoys immunity from civil proceedings under Article 143(2) of the Constitution. As a result, the Attorney General will now represent the presidency in the matter moving forward.
The ruling came after arguments by President Ruto’s legal team, led by Senior Counsel Fred Ngatia, who told the court the petition was fundamentally defective. He argued that the activists who filed the case had “improperly attempted to sue the President directly,” despite clear constitutional protections shielding a sitting president from civil litigation.
“The Constitution is explicit,” Mr Ngatia said, insisting that the petitioners were attempting to create “a dangerous pastime” by bypassing established constitutional processes for removing a president. He added that Articles 144 and 145 provide Parliament—and only Parliament—with the authority to initiate an impeachment motion.
“This court lacks jurisdiction to entertain a matter exclusively reserved for Parliament,” he submitted.
Activists Seek Referendum on Ruto’s Tenure
The case was filed in August last year by 13 activists and the civil society group Kenya Bora Tuitakayo Citizens Association. The petitioners want the High Court to compel the Independent Electoral and Boundaries Commission (IEBC) to conduct a nationwide referendum on whether President Ruto’s term should be cut short.
Their petition accuses the President of more than 30 alleged constitutional violations since taking office in September 2022, including ethnic favouritism in state appointments, abuse of executive authority, and the contentious deployment of the Kenya Defence Forces (KDF) to quell anti-government protests in June 2024.
The petitioners argue that the deployment amounted to disproportionate force against unarmed civilians during the Gen-Z-led demonstrations.
Mr Ngatia countered that the question of the KDF deployment had already been determined in a separate suit filed by the Law Society of Kenya, saying the matter was res judicata—already conclusively adjudicated.
Petitioners Insist Citizens Retain Sovereign Power
Despite the setback, the petitioners’ lawyer, Kibe Mungai, welcomed the decision to let the substantive suit proceed. He noted that the activists were not asking the Court to remove the President directly but to declare that he had violated the Constitution—an outcome he argued could trigger further legal or political action.
“Kenyans retain sovereign power to determine whether a president who violates the Constitution should continue in office,” Mr Mungai said, describing the suit as a necessary constitutional check on what he termed “executive overreach.”
Expanded Bench Request Planned
Following the ruling, the petitioners announced they will seek the empanelment of an expanded bench of judges, arguing that the case raises significant constitutional questions that warrant broader judicial consideration.
Legal analysts say the matter could set an important precedent. The court’s next steps may clarify whether a public referendum can supplement—or even challenge—the parliamentary impeachment process entrenched in Kenya’s Constitution.
While the High Court reaffirmed presidential immunity, it did not settle the broader debate on whether citizens can directly initiate the removal of a president through a referendum. That unresolved issue is expected to dominate upcoming hearings as the Attorney General steps in to represent the presidency.
The case is now poised to become a major test of Kenya’s democratic architecture, balancing the sovereign will of citizens against the Constitution’s structured mechanisms for presidential accountability.
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High Court Drops President Ruto From Suit Seeking Referendum on His Removal