A three-judge bench at the High Court has been urged to declare Deputy President Kithure Kindiki’s assumption of office illegal, with a petitioner challenging both his nomination and the impeachment of his predecessor, Rigathi Gachagua.
City lawyer Harrison Kinyanjui, representing petitioner Joseph Enock Aura, told Justices Eric Ogola, Fridah Mugambi and Antony Murima that Kindiki was unlawfully nominated to replace Gachagua following his impeachment in October 2024.
Kinyanjui argued that Kindiki had not resigned as Cabinet Secretary for Interior before being nominated for the Deputy President’s position, insisting that there was no evidence of his resignation or the required gazette notice.
The lawyer further challenged Kindiki’s political party affiliation, claiming there was no evidence demonstrating that the United Democratic Alliance (UDA) had formally nominated him for the position.
He also questioned the involvement of the Independent Electoral and Boundaries Commission (IEBC), arguing that the nomination was not endorsed by the electoral body, which he claimed did not have commissioners in office at the time.
Kinyanjui told the court that Kindiki’s swearing-in was equally unlawful, arguing that the process was not properly gazetted and that declaring the day of the ceremony a public holiday was unconstitutional.
The petitioner also challenged the legality of Gachagua’s impeachment, arguing that the National Assembly failed to secure the constitutionally required two-thirds majority to pass the motion tabled by Kibwezi West MP Mwengi Mutuse.
To support his arguments, Kinyanjui presented video recordings of National Assembly proceedings held on October 15, 2024, which he claimed demonstrated that the required number of MPs was not present during the proceedings.
The footage reportedly showed several legislators shouting as then Speaker Moses Wetang’ula repeatedly called for order in the House.
The lawyer further claimed that several MPs had disowned signatures appearing on a list presented by Mutuse to the Clerk of the National Assembly in support of the impeachment motion.
However, the application was opposed by lawyers representing the Speaker of the National Assembly and the Speaker of the Senate, Amason Kingi.
Counsel Milimo, representing the National Assembly Speaker, and Edwin Mukere, representing the Senate Speaker, maintained that all constitutional and legal requirements were followed during Gachagua’s impeachment, Kindiki’s nomination and his subsequent swearing-in.
Kinyanjui urged the three judges to quash the decision nominating Kindiki as Deputy President and issue an order prohibiting him from holding the office.
The bench indicated that it would deliver its judgment on notice.
