By Andrew Kariuki
A three-judge bench has ruled that it will continue presiding over a petition questioning the legality of Deputy President Kithure Kindiki’s rise to office after the impeachment of Rigathi Gachagua.
Justices Eric Ogola, Fred Mugambi and Antony Mrima on Tuesday, 2 December 2025, dismissed an application filed by petitioner Enock Aura, who had asked the court to disqualify the trio from handling the case.
Aura claimed that the bench’s conduct and earlier directions suggested a possibility of bias, arguing that the court’s handling of his matter, particularly the separation of his petition from other cases linked to Gachagua’s impeachment, undermined confidence in its impartiality.
The judges rejected the claim, finding that Aura had offered no evidence capable of demonstrating a reasonable apprehension of bias.
The bench stated that the legal test for recusal had not been met, noting that the petitioner himself had initiated the process that led to the petitions being separated earlier in the year.
With the recusal application out of the way, Aura’s main challenge remains alive.
He is asking the court to declare that Kindiki’s appointment as Deputy President was unconstitutional, faulting the vetting and approval process conducted by the National Assembly for lacking adequate public involvement and failing to comply with constitutional requirements.
He also wants the swearing-in nullified.
Aura contends that the transition to the Deputy President’s office was handled through what he describes as an irregular and hurried procedure that did not satisfy constitutional standards.
The court has scheduled the hearing of the substantive petition for 26 February 2026.
