Court gags debate on Uhuru, Ruto bid for top seat

The Constitutional Court has issued an order barring public discussion on the eligibility of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto to run in the next presidential elections until a case before it is heard and determined.

Justice Isaac Lenaola issued the orders on Thursday in response to a petition by three voters and two civil societies seeking to block Mr Kenyatta and Mr Ruto from vying for the Presidency in the next elections.

The petition is scheduled for hearing on February 17, 2012.

The petitioners, in their application, reason that Mr Kenyatta and Mr Ruto were rendered ineligible for public office after International Criminal Court (ICC) pre-trial judges confirmed charges against them.

The judge said the candidacy was sub judice, which means that the merits and demerits of the matter before cannot be discussed publicly until a ruling is given. The gag request had been made by one of the lawyers in the case, and consented to by the other parties present.

They cite Chapter Six of the Constitution on leadership and integrity which they say prevents the two from running for public office. (READ: Voters in court to block Uhuru, Ruto from Presidency).

The Kenya Youth Parliament and the Kenya Youth League, alongside Patrick Njuguna, Augustino Netto and Charles Omanga, claim that the confirmed charges against Mr Kenyatta and Mr Ruto are serious offences under the Kenyan and International laws.

The petitioners are also seeking an order to permanently restrain the Independent Electoral and Boundaries Commission (IEBC) from accepting the nomination of any candidate who has been committed to trial for serious criminal charges under the Kenyan and International law.

They also want a declaration that the presumption of innocence in favour of Mr Kenyatta and Mr Ruto should not override the need to uphold the principles of the Constitution.

ICC pre-trial judges confirmed criminal charges against Mr Kenyatta and Mr Ruto and committed them to trial over the 2008 post-election violence. The two have since indicated that they will appeal against the ruling.

Justice Minister Kilonzo has been insistent that the suspects facing threat of indictment by the ICC over the post-election violence cannot hold public office or contest at the next elections. (READ: Mutula dismisses Uhuru, Ruto presidential bid)