Pressure is increasing on Deputy President Kithure Kindiki after the Court of Appeal raised serious concerns about the impeachment process of his predecessor, Rigathi Gachagua.
On Sunday, May 11, Wiper Party leader Kalonzo Musyoka publicly called for Kindiki to step down. He made this demand shortly after the appellate court delivered a ruling that cast major doubt on the legal process that led to Gachagua’s removal from office.
According to Kalonzo, the ruling has created a strange and confusing political situation in the country.
The Court of Appeal ruled on Friday, May 9, that Deputy Chief Justice Philomena Mwilu had no legal authority to assign judges to handle petitions concerning Gachagua’s impeachment. The responsibility to form such a judicial bench, the court stated, lies strictly with the Chief Justice, not her deputy.
Kalonzo responded strongly to this ruling, saying the country was now caught in an unusual scenario where it seemed like there were two deputy presidents at the same time.
He insisted that Kindiki should honor the spirit of the law by stepping aside. This, he argued, would give space for the legal process to move forward fairly and without interference.
“We are currently in a bizarre situation—there appear to be two deputy presidents in Kenya,” Kalonzo posted on X, formerly known as Twitter. “Kindiki must respect the rule of law and resign so that the justice system can do its job without political interference.
The ruling by the appellate court has revealed the illegal and politically driven moves that led to Gachagua’s ouster.”
In their ruling, the three-judge bench of the Court of Appeal emphasized that Justice Mwilu had overstepped her powers when she appointed Justices Eric Ogola,
Antony Mrima, and Freda Mugambi to hear the consolidated impeachment petitions against Gachagua.
At that time, Chief Justice Martha Koome was away on an official trip, and her deputy stepped in to form the judicial panel.
However, the court noted that even though CJ Koome was not physically present in the country, she could have still performed her duties virtually.
Therefore, Mwilu’s decision to assign the judges was not legally justified. This means the whole impeachment process now has to be re-examined.
While the appellate court’s ruling does not directly cancel Gachagua’s impeachment, it significantly disrupts the process and demands a restart.
The court ordered that all related petitions be returned to Chief Justice Koome, who must now decide whether to assign the same judges, appoint a different panel, or even expand the bench altogether.
Interestingly, the same appellate court rejected Gachagua’s attempt to disqualify the three judges appointed by Mwilu.
The court said there were no valid reasons to remove the judges from the case, despite how they were initially appointed.
On Sunday, Rigathi Gachagua briefly addressed the matter during a church service in Juja. While he did not directly attack anyone, he expressed strong belief in the independence and fairness of the judiciary.
“The Constitution of Kenya 2010 was carefully designed with four levels of justice—the Magistrate’s Court, the High Court, the Court of Appeal, and the Supreme Court,” Gachagua said. “If one level doesn’t deliver justice, you can always move to the next.
I trust the Kenyan judiciary. I believe that in the end, justice will be done—for me and for the people of Kenya.”
The legal situation continues to evolve, and political tension is expected to grow as the country watches how the Chief Justice responds to the latest court ruling. Kalonzo’s call for Kindiki to resign has added a fresh political twist to an already complicated legal battle.
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