Deputy President Kithure Kindiki continues to face legal scrutiny as the High Court on Thursday dismissed an application seeking to expand the bench hearing a constitutional petition challenging his appointment.
Petitioner Joseph Enock Aura had requested that a five-judge bench, rather than the current three-judge panel, hear his amended petition.
The case seeks to question the legality of Kindiki’s appointment as Deputy President, citing concerns over his resignation from the Cabinet Secretary position and alleged procedural irregularities in the swearing-in process.
The three-judge bench, composed of Justices Anthony Mrima, Eric Ogola, and Freda Mugambi, ruled that the court lacks jurisdiction to expand or reconstitute a bench, emphasizing that empanelling judges is exclusively within the Chief Justice’s authority under Article 165(4) of the Constitution.
“The constitutional text does not contemplate a scenario in which parties may repeatedly return to court seeking fresh certification or referral with the object of securing a differently constituted bench,” the judges stated.
Aura’s legal team, led by Harrison Kinyanjui, argued that Kindiki’s appointment in 2024 was unconstitutional, noting alleged conflicts in executive orders regarding the acting Cabinet Secretary and the absence of a formal gazette notice marking Kindiki’s exit from the Interior docket.
The respondents, including Parliament and the Speaker of the National Assembly, opposed the application, maintaining that the Chief Justice’s discretion cannot be overridden.
Following the ruling, Aura’s team sought leave to appeal. The High Court granted this request and directed the Deputy Registrar to provide certified copies of the proceedings to facilitate the appeal, which has now been filed and is expected to be heard by the Court of Appeal.
The amended petition remains active and is scheduled for mention on April 23, 2026, for further directions.
Aura’s case is linked to broader legal challenges involving former Deputy President Rigathi Gachagua, including compensation claims related to impeachment proceedings.
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