A three-judge bench has set March 19, 2026, as the date for a ruling in a petition seeking the removal of Deputy President Kithure Kindiki from office.
The case, filed in October 2024 by a businessman identified as Aura, also seeks the empanelment of a five-judge bench to hear disputes arising from the impeachment of former Deputy President Rigathi Gachagua.
The petitioner argues that the issues raised regarding Gachagua’s dismissal from office are complex, weighty, and unprecedented, thus requiring broader judicial interpretation.
In submissions made before the High Court, lawyer Harrison Kinyanjui, who represents the businessman, urged the bench to certify the matter for hearing by five judges.
He maintained that the amended petition raises substantial constitutional questions regarding succession, impeachment procedures, and the legal requirements for assuming high public office.
Kinyanjui further told the court that the petitioner had earlier written to Chief Justice Martha Koome requesting the expansion of the bench.
The request followed a decision by the Court of Appeal that dissolved a previously constituted panel that had been handling aspects of the dispute.
The petition stems from the Senate plenary’s dramatic impeachment of former Deputy President Rigathi Gachagua in October 2024.
After his removal from office through a parliamentary process, President William Ruto nominated then Interior Cabinet Secretary Kithure Kindiki to replace him.
Kindiki was subsequently approved by the National Assembly and sworn in as Deputy President. However, Aura now argues that the process leading to his swearing-in did not follow the Constitution.
In the amended petition, Aura contends that Kindiki had not formally resigned from his position as Interior Cabinet Secretary when he took the oath of office as Deputy President.
The petitioner argues that holding or failing to properly vacate a Cabinet position before assuming the deputy presidency violates constitutional provisions on public office and separation of powers.
