DAVID MURATHE IS A BAD MESSENGER -THIRD WAY ALLIANCE NOW CLAIMS
While Kenyans have many qualified and over qualified leaders that should run for the office of the president , they have never bothered to look beyond the tribal and ethnic mobilization when choosing the president.
David Murathe says that in seeking for the Supreme Court advisory opinion, he will go to the Supreme Court to block DP William Ruto from running for president in 2022. Now let us put this into perspective. First of all Mr. Murathe is confusing Kenyans with his message either deliberately or out of ignorance.
1.In the current Constitution of Kenya 2010 there is nothing like “section” .When you are interpreting the constitution you talk of Chapters ,Articles and clauses or sub articles.
When interpreting other legislations like Act of Parliament is when you talk is “sections” or sub-sections
2.There is no professional title called “Legal” .A legal professional is A lawyer ,Attorney or a Barrister depending on the country of practice and therefore you cannot refer to anyone as ” the legal” to mean a lawyer ,attorney or a barrister.Murathe is ignorant of the lagal profession
3.Article 145. talks about the removal of President on grounds of incapacity and not term of office as insinuated by Murathe.He is a straight liar .
4.In the current CoK 2010 Under Term of office of the president in Chapter 9 -The Executive ,Article 142 subarticle 2~ A person shall not hold office as President for more than two terms.
That means it is only applicable to President Uhuru Kenyatta (the current president serving his second term ) who is not eligible to run again as the president of the republic of Kenya under the current Constitution in 2022 and not his Deputy .The constitutional language here is “Term of office of the PRESIDENT” not the Presidency or executive (the office that includes the deputy)
5.Again Under Chapter 9 the Executive ,Article 148 Election and swearing-in of Deputy President, Subarticle 8 A person shall not hold office as Deputy President for more than two terms.(This affects the Current DP William Ruto since he is serving his second term as the DP under the current Constitution of Kenya 2010).He cannot be a DP again in 2022 .
6.Now let us seperate Murathe POLITICS from LAW . The DP William Ruto is seeking to be the President of the Republic of Kenya under the current Constitution of Kenya 2010 and therefore as far as Article 142 (2) is concerned, nothing stops him from contesting for the office of the President other than non compliance with Article 137 that highlights the Qualification and disqualifications for election as President.
- Article 137 outlines the Qualification and disqualifications for election as President.( In this there is no noncompliance from DP Ruto of any kind that Mr. Murathe is talking about)
8.The obstacle(s) to anyone seeking any public office is non-compliance to the relevant Article(s) /Chapter(s) in relation to that office they are seeking (As I have explained above ) and non compliance to the general principles of Leadership and Integrity under chapter 6 of the CoK 2010 that applies to all state officers .
9.Under Article 163(6) The Supreme Court may( may meaning its discretionary or non mandatory ) 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. (Mr.Murathe is not the national gvt, state organ or a county gvt and the matter in question is concerning the office of president not county )
10.Under Article 163(3) The Supreme Court shall (Shall here means its mandatory ) have—
(a) exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 that speaks into the questions as to the validity of presidential election NOT qualification or disqualification that Mr Murathe is referring to.
I conclude that Mr.Murathe is a political messenger who chooses to distorted the intended message out of being ignorant ,drunk and excited.
Thirdway Alliance Kenya .