President William Ruto has filed a preliminary objection in a petition against the impeachment of Rigathi Gachagua.

Through lawyer Adrian Kamotho, Ruto says that the court lacks jurisdiction to hear and determine the petition, arguing it is abuse of court process.

"The Petition herein has been filed in this Honourable Court in clear disregard of the law, is an abuse of the due process of court, hence cannot be countenanced and/or determined by this Honorable Court," reads court documents.

The president has been named as the fifth respondent in the case whereas the impeached deputy president is named as an interested party.

President Ruto while asking the court to dismiss the case says the that civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office in respect of anything done or not done under the Constitution of Kenya 2010.

Petitioners David Mathenge, Peter Kamotho, Grace Mwangi, Clement Muriuki and Edwin Kariuki moved to court to block DP-nominee Kithure Kindiki from assuming office. 

They faulted the Senate impeachment process, questioning the the legality of the whole procedure. The petitioners thus requested the court to stop Kindiki's planned swearing-in until the matter was addressed by the court.