The High Court in Nairobi has dismissed an application that sought to challenge the formation of a three-judge bench assigned to hear a petition questioning Deputy President Kithure Kindiki’s appointment.
The bench, which includes Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi, refused to recuse itself from the case, ruling that the applicant had not provided sufficient evidence to prove any bias on the part of the judges.
“Accordingly, we find no bias from this bench. The application dated October 1, 2025, is hereby dismissed,” the court stated in its ruling.
The court further added, “The notice of motion dated October 1, 2025, is granted, and typed and certified copies shall be provided to the applicants. Each party shall bear its own legal costs.”
The case was brought by activist Enock Aura, who claimed that his petition was unfairly isolated from other similar petitions related to the swearing-in of Deputy President Kindiki.
Aura argued that separating his case from the others could lead to inconsistent court rulings and potentially infringe on his right to a fair and impartial hearing.
However, the three-judge bench clarified during the proceedings that the separation of Aura’s petition from other related cases was done at his own request, not by the court.
Following the dismissal of the application challenging the composition of the bench, the court scheduled the hearing for the main petition seeking to overturn Kindiki’s appointment for February 2026.
Aura’s main petition centers on challenging the legality of Kindiki’s swearing-in as Deputy President, replacing Rigathi Gachagua, who was impeached by the Senate in October 2024.
In his petition, Aura argued that Kindiki was still serving as the Cabinet Secretary for Interior and Coordination at the time of his parliamentary approval as Deputy President.
He also pointed out that when Kindiki took his oath, the Independent Electoral and Boundaries Commission (IEBC) was not yet fully constituted, raising further concerns about the validity of the process.
Deputy President Kithure Kindiki was sworn into office on November 1, 2024, following a High Court ruling that lifted the conservatory orders preventing him from taking the oath.
His appointment came after the Senate removed Gachagua from office in October 2024, creating the vacancy that Kindiki now occupies.
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