Good News for Gachagua as Impeachment Saga Returns Following Lawyer’s Unexpected Move

City lawyer Harrison Kinyanjui has challenged the legality of Deputy President Kithure Kindiki’s appointment, arguing that the process used to replace Rigathi Gachagua following his impeachment in October 2024 was unconstitutional.

Lawyer Harrison Kinyanjui has urged the High Court to find that Deputy President Kithure Kindiki was unlawfully nominated to replace Rigathi Gachagua after his impeachment in October 2024. Kinyanjui represents petitioner Joseph Enock Aura in a case challenging the process that placed Kindiki in the country’s second-highest office.

The lawyer presented the arguments before a three-judge bench comprising Justices Eric Ogola, Fridah Mugambi and Antony Murima. He told the judges that the nomination and appointment process did not comply with the Constitution and should be declared invalid.

Aura’s petition questions steps taken after Gachagua was removed from office. It challenges the legality of the impeachment process, President William Ruto’s decision to nominate Kindiki, Parliament’s approval and the subsequent swearing-in.

One central issue concerns Kindiki’s previous position as Cabinet Secretary for Interior. The petitioner argues that Kindiki was still holding that public office when he was nominated as Deputy President and that the required legal steps to leave the Cabinet position were not completed.

Aura is asking the court to make declarations on the legality of Kindiki’s appointment and set aside decisions and official notices connected to the process. He also wants the judges to find that the proceedings leading to Gachagua’s removal did not meet constitutional requirements.

The claims are arguments presented by the petitioner. They do not amount to a court finding that Kindiki’s appointment was unlawful. The respondents have opposed the case, and the judges are expected to consider the parties’ submissions and the legal questions before making a determination.

The case has drawn attention because it concerns the removal of a Deputy President and the constitutional process for filling the vacancy. Its outcome could clarify how the law should be applied when a Deputy President is impeached and a replacement is nominated.

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