DNK International By Our Reporter,Nairobi.
A constitutional petition seeking the removal of Deputy President Kithure Kindiki has returned to the spotlight at the Milimani High Court, with the petitioner urging the court to certify the matter for hearing by an expanded five-judge bench.
Businessman Joseph Aura, through his lawyer Harrison Kinyanjui, told the court that the issues raised in the petition are of exceptional public importance and warrant consideration by a larger bench under Article 115.5.4 of the Constitution of Kenya. The High Court is scheduled to deliver its ruling on March 19, 2026, to determine whether the case will proceed before the current three-judge panel or be escalated to a five-judge bench.
Kinyanjui argued that the petition raises novel and weighty constitutional questions, particularly on the legal effect of executive orders on constitutional offices. He further contended that Professor Kindiki may be ineligible to hold the office of deputy president, citing his previous service as Cabinet Secretary in the Ministry of Interior and National Administration—an issue he said has never been substantively determined by any superior court.
“This court has never decided, even at the level of the Superior Court, the Court of Appeal or the Supreme Court, the important effect of an executive order on a constitutional office mandate,” Kinyanjui submitted. “Given the heavy public interest and the fact that the highest offices are at stake, this is an unprecedented opportunity that calls for an expanded bench.”
He emphasized that the application does not seek to challenge the discretion of the Chief Justice, but rather requests certification and referral for consideration of an expanded bench due to the constitutional significance of the questions presented.
The application was opposed by Duncan Kiprotich, appearing for Parliament of Kenya and the Clerk of the National Assembly. Kiprotich argued that the request is res judicata, noting that Aura had not demonstrated any illegality in the Chief Justice’s decision to empanel the current three-judge bench. He further accused the petitioner of abusing court process by seeking to deconsolidate related matters and attempting to stay parallel proceedings.
Josphat Kuyioni, representing the Speaker of the National Assembly, echoed the opposition, maintaining that the power to empanel or expand a bench lies solely with the Chief Justice and is not subject to supervision by the High Court.
Aura’s petition challenges the legality of Kindiki’s swearing-in as deputy president. The matter is currently before a bench comprising Justices Anthony Mrima, Freda Mugambi and Eric Ogola, empaneled following a decision by the Court of Appeal. The petition is among several related cases arising from a lead suit filed by former Deputy President Rigathi Gachagua, who is seeking constitutional redress over his impeachment in October 2024.
The court’s impending ruling will determine whether the case proceeds before the existing panel or is elevated to a five-judge bench.
[DNK-International@February 26,2026]
