Published October 11, 2024
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By

Prof. Peter Ndiang’ui
Florida Gulf Coast University

As the Kenyan Senators ponder on how to vote on the impeachment of the Deputy
President, it is important to draw to the attention of the Kenyan people the fact that
we are preparing the items to be included in the impeachment motion of President
William Ruto in accordance with Article 145 Clause (1) of the Constitution on the
Removal of President by impeachment. This clause states that “A member of the
National Assembly, supported by at least a third of all the members, may move a
motion for the impeachment of the President-
(a) on the ground of a gross violation of a provision of this Constitution or of
any other law;
(b) where there are serious reasons for believing that the President has
committed a crime under national or international law; or
(c) for gross misconduct.”

In putting together this motion, we are going to prove that for the last two years,
Ruto has violated all these and hence the grounds of impeachment are ripe. We
believe that we have an easy task ahead of us because we are planning to include
several of the same allegations leveled against Gachagua. The 281 MPS have laid
out the threshold for us to follow in future impeachment motions – starting with
that of President Ruto. All that we are about to prove is that since Ruto committed
the same crimes as that that Gachagua was found guilty of, we believe that the
MPs will arrive at the same conclusion and it will be easy to impeach Ruto. We
hope that the MPs will do so with the same zeal as we saw last Tuesday.
But besides those sham accusations, we are also including serious unconstitutional
acts that Ruto has committed. Most of these have been based on concerns raised by
the Kenyan people. These concerns reflect broader debates about governance, rule
of law, and constitutional adherence in Kenya. In keeping with the number of items
in the motion raised by the MPs against the DP we have listed the following items
that we will include in the impeachment motion. They include:

  1. Corruption: Various big and small corruption scandals are directly or
    indirectly connected with Ruto and his family. When we bring actual cases
    to the light, Kenyans will know that the country is not safe under this man.
    In addition, his administration has not adequately addressed corruption
    within government institutions. If anything, most of his government
    appointees have been used as conduits to his corruption schemes.
  2. Political Appointments: We have enough evidence to prove that Ruto’s
    appointments to public offices do not align with constitutional requirements
    for inclusivity and representation. We have lists of appointments dominated
    by members of one or two ethnic groups only.
  3. Political Patronage: Ruto has used his position to reward political allies
    with government positions and contracts, which can undermine meritocracy
    and accountability. Highly qualified graduates have remained jobless when
    positions are filled with unqualified Ruto appointees.
  4. Parliamentary Oversight: The Kenyan constitution mandates that certain
    international agreements and treaties require parliamentary approval. Ruto
    has engaged in foreign negotiations or agreements without adequate
    parliamentary involvement. This was the case of sending security officers to
    Haiti. There are several examples.
  5. Suppression of Dissent: There have been reports of crackdowns on
    opposition voices, with accusations that the government has attempted to
    intimidate or suppress criticism. This includes the intimidation of members
    of parliament to vote in his
  6. Handling of Protests: There have been reports of heavy-handed responses
    to protests, which could raise concerns about the right to peaceful assembly.
    It will be easy to include the abductions and the consequent killings of
    innocent people.
  7. Economic Decisions: In the motion, we will show that Ruto’s economic
    policies and their implementations are discriminatory. They prioritize certain
    groups over others, potentially undermining principles of equality enshrined
    in the constitution.
  8. Resource Allocation: Ruto has unevenly distributed resources and
    development projects, allegedly favoring areas that are politically aligned
    with him. We have many examples of how he dishes the country’s money to
    gain favors from the people.
  9. Judiciary Interference: Any perceived attempts to influence judicial
    processes could be viewed as unconstitutional, particularly regarding the

independence of the judiciary. We will also include the continued delay in
putting the IEBC into place after he forcefully removed the “Cherera 4”.

  1. Legislative Maneuvering: As noted in various national assembly
    operations, Ruto has pushed hurriedly legislation that consolidates power or
    undermines checks and balances.
  2. Human Rights Commitments: Kenya’s constitution emphasizes the
    protection of human rights. Ruto’s foreign policy overlooks human rights
    abuses in partner countries, potentially conflicting with constitutional
    commitments.
  3. Concentration of Power: Ruto has continued to systematically erode the
    power of the opposition and other arms of the government. He has continued
    to increasingly centralize power within the executive branch, potentially
    undermining checks, and balances. This impeachment motion seeks to stop
    these efforts by Ruto to take us back to the dark days of autocracy.
  4. Control Over Media: Ruto has engaged in putting pressure on media
    outlets to align themselves with government narratives. He and his
    henchmen have made concerted efforts to stifle independent journalism and
    dissenting opinions.
  5. Unilateral Decisions: Some decisions regarding all kinds of government
    policies have been made without sufficient consultation with other branches
    of government or stakeholders, raising concerns about transparency and
    accountability.
  6. Manipulation of Institutions: Ruto’s administration has influenced judicial
    or electoral institutions (still no IEBC to date!) to secure political advantage
    and potentially erode public trust in these bodies.

In putting this motion together, we are working with a task force comprising of
several legislators and members of the public both in Kenya and in the diaspora.
We are asking anybody interested in contributing to this process to send an email to
Pndiangui3@aol.com with the title of IMPEACHING RUTO. Please do so before
October 31 st , 2024. Unlike what we witnessed last week a transparent public
participation process will be called before tabling the motion.

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