Legal Expert Questions Legitimacy of Deputy President Kindiki’s Swearing-In Following Court Ruling

Constitutional lawyer Willis Otieno has raised concerns about the legality of Deputy President Kithure Kindiki’s swearing-in, following a recent Court of Appeal ruling that found Deputy Chief Justice (DCJ) Philomena Mwilu acted beyond her constitutional authority in appointing a judicial bench to hear petitions related to the impeachment of former Deputy President Rigathi Gachagua.

On May 9, 2025, a three-judge bench comprising Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott determined that DCJ Mwilu lacked the constitutional mandate to empanel a bench to hear petitions challenging Gachagua’s impeachment. The court emphasized that only the Chief Justice holds the authority to assign judges under Article 165(4) of the Constitution.

The bench appointed by DCJ Mwilu had previously lifted conservatory orders that blocked Kindiki’s swearing-in, allowing the inauguration to proceed. However, the Court of Appeal’s ruling invalidated the bench’s formation, casting doubt on the legitimacy of its decisions.

Otieno argues that this development undermines the legal foundation of Kindiki’s assumption of office. “If the bench that facilitated the lifting of orders against Kindiki’s swearing-in was improperly constituted, then the validity of his inauguration is questionable,” he stated.

The Court of Appeal has directed Chief Justice Martha Koome to appoint a new bench within 14 days to hear the consolidated petitions concerning Gachagua’s impeachment. The outcome of these proceedings could have significant implications for the current administration.

As the judiciary moves to rectify procedural missteps, the political landscape remains tense, with potential ramifications for the executive branch’s stability.

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