By Martin Nyakundi
I listened to Murathe’ s speech as he spoke to an excited fellowship of ODM supporters. He said many unintelligible things amid cheers before saying: ” We shall seek an advisory opinion from the Supreme Court itself on why William Ruto is not qualified to vie as president in 2022″ .
As a lawyer, it is my duty to inform and educate the public that an individual cannot seek an Advisory Opinion from the Supreme Court. Article 163(6) of the Kenyan Constitution provides the functions of the Supreme Court, inter alia:” The Supreme Court may give an advisory opinion at the request of the National government ,any state organ, or any county government with respect to any matter concerning county government “.
As noted, the Supreme Court can only entertain an application from the national government or state organ or county government and not individuals. Even when the application is made by the national government or state organ or county government, the advisory opinion is limited to matters concerning county government and nothing else. Issues of elections are limited to the procedure provided in the Elections Act( No 24 of 2011) and other election laws. It can therefore be concluded that Murathe’s stunts , gimmicks and public acrobatics have no legal effect.
Somebody tag Murathe and tell him to enjoy his expensive alcohol and siggers in peace, DP Ruto will teach them a serious political lesson that will leave the oligarchs destroyed forever and will never dare again take Kenya hostage politically. The millions are behind William Ruto powered by the almighty!