Bad News for Kindiki as High Court Receives Fresh Petition Challenging His Position — Details

A fresh legal battle has emerged over Deputy President Kithure Kindiki’s position, with a petitioner asking the High Court to declare his assumption of office unconstitutional.

The case took a new turn on Monday, November 9, as lawyer Harrison Kinyanjui, representing businessman Joseph Enock Aura, presented arguments before a three-judge bench seeking to overturn Kindiki’s appointment.

The petitioner is questioning the process that led to Kindiki replacing former Deputy President Rigathi Gachagua in November 2024.

Among the issues raised is whether Kindiki had legally resigned as Interior Cabinet Secretary before President William Ruto nominated him for the Deputy President’s position.

Kinyanjui argued that there was no evidence of his resignation or a Gazette Notice confirming that he had left the Interior Ministry before taking up the new role.

The lawyer also questioned whether the United Democratic Alliance (UDA) had formally nominated Kindiki and whether the Independent Electoral and Boundaries Commission (IEBC) was involved in the process.

He further challenged the legality of Kindiki’s swearing-in ceremony, including the declaration of November 1, 2024, as a public holiday.

The petition also revisits Gachagua’s impeachment, with the lawyer arguing that the National Assembly failed to secure the constitutionally required two-thirds majority when voting on the motion.

To support the claim, Kinyanjui presented video recordings of the parliamentary proceedings held on October 15, 2024, which he said raised questions about the voting process and the number of MPs present.

However, lawyers representing the Speakers of the National Assembly and Senate opposed the petition, maintaining that all constitutional requirements were followed during the impeachment and Kindiki’s appointment.

The three judges hearing the matter are Justices Eric Ogola, Fridah Mugambi and Antony Murima.

The bench is expected to deliver its judgment on notice, meaning Kindiki’s position remains subject to the court’s final determination.

The case has reopened debate over the events that led to Gachagua’s removal and Kindiki’s rise to the country’s second-highest office.

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