Petition to Impeach Depurty President Republic Of Kenya Hon.Dr.William Somei Ruto .
Patrick Kamotho Githinji.
Email: [email protected]
Clerk of the Senate/Secretary,
Parliamentary Service Commission,
P.O. BOX 41842-00100
PETITION TO PARLIAMENT ON ARTICLES 119 & 150 OF THE CONSTITUTION; IMPEACHMENT OF HON.DR.WILLIAM SOMEI RUTO
I, the undersigned Patrick Kamotho Githinji ID. No 21686936 Chairman, Muthurwa Residents Welfare Association, Chairman- Muthurwa Housing Cooperative Society, Director-East Africa Climate Change Network-NGO, a resident of Muthurwa Estate located in 72 Acre, Land No.209/6502 in Nairobi, Kenya.
The preamble of the Kenya Constitution states the people of Kenya are COMMITTED to nurturing and protecting the well-being of the Individual, the family, communities and the nation, we do recognize the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations: EXERCISING our sovereign and inalienable right to determine the form of governance of our country:
Chapter One – Sovereignty of the people and Supremacy of the constitution states that;-
(1) All sovereign power belongs to the People of Kenya and shall be exercised only in accordance with the Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives. (3) Sovereign power under the Constitution is delegated to the State organs, which shall perform their functions in accordance with Constitution-1(3) b the national executive; (4) the sovereign power of the people is exercised at–(a) the national level and (b) the county level.; 2. (1) The Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government 3. (1) Every person has an obligation to respect, uphold and defend the Constitution.
Conversant with Chapter 2 of the constitution Article. 10. (1) the national values and principles of governance article bind all State organs, State officers, public officers and all persons. 2) The national values and principles of governance include-(a) patriotism, national unity, sharing and devolution of power, the rule of law and democracy (b) human dignity, equity, social justice, inclusiveness, equality. (c) Good governance, integrity, transparency and accountability.
That Whereas Chapter Four-The Bill Of Rights General Provisions relating to the Bill of rights Article 19. (1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. (2) The purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of all human beings.
Aware that Article 40. (1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property (a) of any description; and (b) in any part of Kenya.
Also Cognizant to the Land Laws (Amendment) Bill, 2015 Article 67(2)(e) directing the National Land Commission to investigate all historical land injustices and recommend appropriate redress.
Chapter Six on Leadership and Integrity Responsibilities of leadership. Article 73. (1) Authority assigned to a State officer 1. (a) is a public trust to be exercised in a manner that— (ii) demonstrates respect for the people (iii) brings honor to the nation and dignity to the office; and (iv) promotes public confidence in the integrity of the office
(2) The guiding principles of leadership and integrity include— (b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, Favoritism, other improper motives or corrupt practices.
Article 75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids— (a) any conflict between personal interests and public or official duties;(b) compromising any public or official interest in favor of a personal interest; Restriction on activities of State officers. Article 77. (1) A full-time State officer shall not participate in any other gainful employment.
Recognizing Parliament’s General Procedures and rules Article 119. (1) Every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation. Article 94.(2) Parliament manifests the diversity of the nation represents the will of the people ,and exercise their sovereignty.
(4)Parliament shall protect this constitution and promote the democratic governance of the Republic. Article 95 The role of National Assembly (2)The National Assembly deliberates on and resolves issues of concern to the people(5)(a) reviews the conduct in Office of the President, the Deputy President and other State officers and initiate the Process of removing them from office.
DRAW the attention of the House to the following:
The Kenya Civil Aviation Authority (KCAA) a state entity on 15th August,2018 claimed that Deputy President Hon.William Somei Ruto grabbed its land Plot No.209/14372 located in Langata Road, opposite Wilson Airport and constructed hotel named Weston Hotel.
That the Deputy President is a Co-Director along with his daughter Charlene Chelagat and his wife Racheal Chebet Kimetto.
That during a public meeting (held on 31st October,2018) between NLC and the parties on the matter the Deputy President defended himself claiming he acquired the property legally contrally to claims he grabbed it.
That following the completion tenure of National Land Commission it emerged they were unable to concussively to solve the issue due to a clear manifestation of interference from the Deputy President office.
That since the land stand his Weston Hotel was grabbed during the Constitution transitional period, its prudent to point out that since the facility stands within the National Flight Path, the hotel, customers, the workforce, the suppliers and taxi operators working within it tend to be exposed to gravious environmental harm due to disembarking flight fumes and smoke, exposure to flight risks of crashing into the building.
That in January 19,2015 the Langata Primary School childrens, teachers and Civil Society Members embarked on demolishing the Weston Hotel perimeter wall which had encroached the entire school playground. A campaign which came to be known as #OCCUPY PLAYGROUND.
That following the demolitions of the said perimeter wall, over 35 school children’s were injured as a result of being clobbered and teargased several people were arrested and charged with trumped up court cases.
That the National Youth Service (NYS) workforce and machineries were engaged to cater away the demolished assets at a tax payers cost in November that year Pope in his visit to Kenya held a session with slum dwellers and he singled out against land grabbing ,especially on school spaces .
That as a presequite to contest for i.e Presidential or Deputy President position a candidate must declare his wealth to Ethics and Anti-Corruption Commission, which to my knowledge the Deputy President has not submitted ,that during BBC HARDTalk Show while Abroad he refused to reveal his net worth nor participate/undergo the Presidential Order No.1,2018, for all state officer to undergo Lifestyle Audit.
That in around February this year during the BBC HARDTalk show Deputy President Claimed to have submitted list of his assets and liabilities to the speaker of National Assembly .
That during the National Team- Harambee Stars, Africa Cup Of Nations (AFCON) qualifications matches the Deputy President promised to award the National Team Ksh 50 Million which to date despite the team having qualified, he has not honored his pledge.
Efforts by bloggers and online active citizens to request that Depurty President to honour his Ksh 50 Million pledge to Harambee Stars have not been settled.
That since he assumed office in 2013 and after reelection he has perfected abusive, degrading and demeaning sentiments in print and online media especially targeting his purported political foes, granted that our mainstream media reports this, such abusive language is being embraced and mimicked by our childrens, thus undermining our childrens and families values .
THAT Here confirm that the issues in respect of which the petition is made are not pending before any court of law, or constitutional or legal body.
HEREFORE, your humble petitioner Pray–
That this petition be dealt with immediately in view of the urgency and gravity of the issues raised.
The Parliament to spearhead the removal of Depurty President Hon.Dr.William S Ruto as stipulated under Article 150 (1)(b) i,ii,iii.And any other laws as stipulated in the Kenya constitution.
Do pray Deputy President be directed to settle the pledge he promised National Football Team Harambee Stars.
That the management of the grabbed Weston Hotel be compelled to compensate financially families ,civil society members, school and childrens whom were injured during the skirmishes, those whom inhaled teargas exposing them to health hazards.
That the Kenya Civil Aviation Authority (KCAA) be granted back their land and ensure the demolition of the facility which risks lives of flight passengers for planes embarking the Airport.
That regal action be instituted against the Deputy President and his business partners in situations contravening constitution and laws of Kenya .
That Deputy President and his entire office staff be investigated for gross misconduct and corrupt activities done since 2013 to date..
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