Kenya: Has Ruto Thrown Out the Constitution?

The 2010 Kenyan constitution was adjudged globally the most progressive in recent times. Yet, Kenyans are now seeing arbitrary abductions, disobedience of court orders, and extra-judicial killings.

From the start, Ruto mobilizes the religious community on the basis that the constitution was allowing same-sex marriages. Yet, when he came to power in 2022, he allowed the Americans to introduce LGBTQ as a human rights issue.

Several analysts have been questioning where the rains started beating the country. It began in 2013 when the Kenyan court allowed the candidature of Uhuru Kenyatta and Ruto to contest. Yet, they were facing the highest international crime of crimes against humanity at the International Court of Justice (ICC). 

Former Defence Minister, Aden Bare Duale confessed in his book: For The Record -The Inside Story of Power, Politics, Lawmaking and Leadership in Kenya, that the British offered a deal to drop the Kenyatta/Ruto case at the ICC in exchange of Kenya renewing the term of the British Army Training Unit Kenya (BATUK) based in Laikipia County.

Kenyans are now paying the price of the 2013 court ruling. Kenya’s High Court has dismissed a petition filed by five non-governmental organizations (NGOs) seeking to block presidential hopeful Kenyatta and his running mate from taking part in the election. The men are charged by the ICC with crimes committed during inter-tribal fighting that swept across Kenya in early 2008 following the disputed 2007 election.

Chapter 37 of the 2010 constitution allows assembly, demonstration, picketing and petition. Chapter Four – The Bill of Rights Part 2. Rights and fundamental freedoms “Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities,” says the chapter. 

In the 2022 elections, there were allegations that the Americans and the British helped Ruto to ascend to power. Hence the introduction of GMOs, LGPTQ, IMF and World Bank.

Right now, the Ruto regime is kidnapping citizens are a routine. The latest was the abduction of veteran journalist Macharia Gaitho.

Were it not that Mr Machria was in the car with his son who recorded the video, he could have disappeared. The question is, has Ruto suspended the constitution—probably from his mentor, Yoweri Museveni?

In February 2013, Kenya’s High Court dismissed a petition filed by five non-governmental organizations (NGOs) seeking to block presidential hopeful Kenyatta and his running mate from taking part in the election. 

The duo was charged by the ICC with crimes committed during inter-tribal fighting that swept across Kenya in early 2008 following the disputed 2007 election.

Chapter 6 clearly says that any aspiring leader—be it presidential, Senate or MP—must pass the test of Caeca’s wife. Kenya, through that 2013 ruling throws out any iota of integrity. Ruto is just abusing the constitution based on that ruling—which Kenyans are investigating what went down. 

Gen Z is asking Ruto, why are you kidnapping people outside the Constitution? Such kind of acts will generate lawlessness and a backlash against the security apparatus.