NAIROBI, Kenya — A three-judge bench has set March 19, 2026, as the date for a ruling in a petition seeking the removal of Deputy President Kithure Kindiki from office.
The petition, filed in October 2024 by a businessman identified as Aura, also seeks the empanelment of a five-judge bench to determine constitutional questions arising from the impeachment of former Deputy President Rigathi Gachagua.
Through lawyer Harrison Kinyanjui, the petitioner urged the High Court to certify the matter as raising substantial constitutional questions. He argued that the issues surrounding Gachagua’s removal are complex, weighty, and unprecedented, and therefore require broader judicial interpretation.
“The amended petition raises substantial constitutional questions regarding succession, impeachment procedures, and the legal requirements for assuming high public office,” Kinyanjui submitted.
He told the court that the petitioner had written to Chief Justice Martha Koome requesting the expansion of the bench. The request followed a decision by the Court of Appeal dissolving a previously constituted panel that had been handling aspects of the dispute.
The case traces back to the Senate’s plenary vote in October 2024, which impeached Gachagua after a parliamentary process under Article 150 of the Constitution. Following his removal, President William Ruto nominated then Interior Cabinet Secretary Kindiki to replace him.
The National Assembly approved Kindiki’s nomination. He was later sworn in as Deputy President.
However, Aura now argues that the process leading to Kindiki’s assumption of office did not comply with constitutional requirements. In the amended petition, the businessman contends that Kindiki had not formally resigned from his Cabinet position before taking the oath as Deputy President.
The petitioner argues that failure to properly vacate a Cabinet post before assuming the deputy presidency violates constitutional provisions on public office, separation of powers, and eligibility criteria. The case raises questions about the interpretation of Articles 137, 148, and 152 of the Constitution, which govern qualifications for the presidency and deputy presidency, and the appointment and tenure of Cabinet Secretaries.
Legal analysts say the court’s decision could clarify the constitutional threshold for succession in the executive and define the procedural safeguards required during transitions triggered by impeachment.
If the court certifies the matter for a five-judge bench, it would signal recognition that the issues transcend an ordinary political dispute and touch on foundational constitutional interpretation. If it declines, the three-judge bench will proceed to determine the substantive questions raised in the petition.
The ruling on March 19 is expected to shape the legal framework governing executive succession and could influence how future impeachment-related transitions are handled under Kenya’s 2010 Constitution.
