NAIROBI, Kenya – Businessman Joseph Enock Aura has asked the Judicial Service Commission (JSC) to investigate three High Court judges over their handling of his petition challenging the appointment of Deputy President Kithure Kindiki.
Aura, through lawyer Harrison Kinyanjui, has complained against Justices Eric Kennedy Okumu Ogola, Anthony Mrima and Fredah Mugambi, accusing them of violating his constitutional rights and denying him an opportunity to properly present his case.
The allegations are contained in a complaint to the JSC.
Aura Accuses Judges of Improper Consolidation
Aura claims his petition was consolidated with other cases arising from the impeachment of former Deputy President Rigathi Gachagua without him being given an opportunity to be heard on the consolidation.
He specifically accused Justice Mugambi of forcing the consolidation and said his request for the matter to be heard by a five-judge bench was not properly addressed.
“Justice Fredah Mugambi, as part of the three-judge bench, forced my Petition to be consolidated with other Petitions without hearing me,” Aura said in his complaint.
Aura’s petition, filed in October 2024, challenges the legality of Kindiki’s appointment and raises constitutional questions surrounding the vacancy created after Gachagua’s removal.
Complaint Targets Justice Ogola’s Conduct
Aura has also raised concerns about the conduct of Justice Ogola during proceedings at the High Court’s Ceremonial Hall.
He alleges that the judge became angry when his lawyer attempted to stop the delivery of judgment in the cases arising from Gachagua’s impeachment.
Aura alleges that Ogola ordered Kinyanjui to sit down in what he described as an undignified manner.
He has further claimed that during proceedings on June 18, 2026, Justice Ogola told him that he would no longer hear his petition in open court, allegedly saying he had endured pain over the matter.
Aura says the alleged conduct breached the Judicial Service Code of Conduct and Ethics and that he intends to rely on footage of the proceedings in support of his complaint.
Aura Accuses Mrima of Delaying Petition
The businessman has also accused Justice Mrima of delaying the hearing of his petition and proceeding with the consolidated case despite his attempts to stop the process.
“This was deliberate to ensure that I was locked out from justice and I was silenced,” Aura alleges.
Aura later sought Justice Mrima’s recusal. The matter was scheduled for a ruling on September 22, 2026, according to the complaint.
Aura’s Petition Challenges Kindiki Appointment
Aura’s original petition was filed after President William Ruto nominated then-Interior Cabinet Secretary Kithure Kindiki to replace Gachagua as Deputy President in October 2024.
The National Assembly approved Kindiki’s nomination on October 18, 2024. Court records confirm that several petitions were filed challenging aspects of Gachagua’s removal and Kindiki’s appointment.
Aura argues that Kindiki should have resigned or been removed from his Cabinet position before taking up the Deputy President’s office.
He has also questioned the absence of what he says should have been a formal gazettement confirming Kindiki’s cessation as Cabinet Secretary.
The High Court had earlier lifted conservatory orders that had temporarily blocked Kindiki from assuming office, with the three-judge bench comprising Justices Ogola, Mrima and Mugambi ruling in October 2024 that the orders should be discharged.
Court Case Has Raised Constitutional Questions
Aura’s case has previously been referred for consideration of a larger bench.
In January 2025, Justice Bahati Mwamuye certified the amended petition as raising weighty and substantial questions of law and referred it to Chief Justice Martha Koome for consideration of bench empanelment.
The petition challenges, among other issues, the process through which Kindiki was nominated and approved after Gachagua’s impeachment.
Aura has maintained that his case was filed in the public interest and has denied having any connection with Gachagua.
“I am a Kenyan citizen who is fed up with the violations of the law openly being done in our society,” he said.
