03/07/2025
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL PETITION NO. ___ OF 2025
IN THE MATTER OF ARTICLES 1, 2, 3, 10, 19, 22, 23, 35, 38, 73, 131, 132, 134 AND 259 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF THE DOCTRINE OF PUBLIC TRUST AND LEADERSHIP ACCOUNTABILITY
AND
IN THE MATTER OF A PETITION TO COMPEL A MEDICAL EVALUATION OF THE PRESIDENT OF THE REPUBLIC OF KENYA
BETWEEN
[YOUR NAME]
(Petitioner, in public interest and as a concerned citizen)
โฆPETITIONER
-VERSUS-
H.E. DR. WILLIAM SAMOEI RUTO
(In his capacity as President and Commander-in-Chief of the Defence Forces of the Republic of Kenya)
โฆ1ST RESPONDENT
THE ATTORNEY GENERAL
(Being the Principal Legal Adviser to the Government)
โฆ2ND RESPONDENT
---
PETITION
The Humble Petition of the Petitioner herein respectfully states as follows:
1. Parties
a) The Petitioner is an adult Kenyan citizen of sound mind, a registered voter, and a public-interest advocate residing in [insert county], exercising their right under Article 22 of the Constitution to institute court proceedings on their own behalf and on behalf of the general public.
b) The 1st Respondent is the sitting President of the Republic of Kenya and Commander-in-Chief of the Defence Forces.
c) The 2nd Respondent is the Attorney General of the Republic of Kenya and is sued in his official capacity pursuant to Article 156 of the Constitution.
2. Jurisdiction
This Honourable Court has jurisdiction pursuant to Articles 22, 23, 165(3)(b)(d) of the Constitution to hear and determine issues relating to the interpretation of the Constitution and enforcement of fundamental rights.
3. Factual Background
a) The Petitioner and many other citizens have observed with grave concern certain public utterances, actions, and policy decisions of the 1st Respondent which raise reasonable doubts as to his current mental soundness, judgment, and ability to discharge the duties of the high office of President.
b) The Constitution of Kenya imposes a public trust and fidelity to rational leadership, accountability, and responsible governance under Article 73 and the national values under Article 10.
c) There exists no express constitutional or statutory procedure for the mental evaluation of a sitting President; however, under Article 259, this Court has the authority to interpret and enforce the Constitution in a manner that promotes good governance, transparency, accountability, and public interest.
4. Legal Grounds
a) Article 1 of the Constitution vests sovereign power in the people of Kenya.
b) Article 131(1)(b) requires the President to respect, uphold, and safeguard the Constitution.
c) Article 73(1)(a) demands that authority assigned to a State officer is a public trust to be exercised in a manner that brings honour, dignity, and promotes confidence in the integrity of the office.
d) The President is subject to the Constitution and law and must not be above accountability, especially where concerns exist regarding their capacity to exercise constitutional duties.
e) Public concern over mental fitness is a justiciable issue under the broader interpretation of Articles 19, 20, 21, and 22, read together with the right to access information (Article 35) and the need to ensure rational leadership.
5. Reliefs Sought
The Petitioner humbly prays that the Honourable Court be pleased to grant the following orders:
a) A declaration that this Court has jurisdiction to inquire into the mental capacity of the President where sufficient public concern is raised.
b) An order directing the Cabinet Secretary for Health, in consultation with an independent panel of psychiatrists and neurologists, to conduct a comprehensive mental health and cognitive evaluation of the 1st Respondent.
c) An order that the findings of the said evaluation be tabled before this Honourable Court and made available to the public.
d) Any other or further orders the Honourable Court may deem fit and just to issue in the interest of justice, transparency, and accountability.
e) Costs of the petition be borne by the Respondents jointly and severally.
DATED at Nairobi this โฆโฆโฆ day of โฆโฆโฆโฆโฆโฆ 2025
[YOUR NAME]
Petitioner (In person or through Counsel)
[Your Address, Phone & Email]
DRAWN & FILED BY:
[Law Firm Name, if any]
[Address]
[Advocateโs Name & Signature]
